TUBB v. BARTLETT

No. 08-92-00326-CV.

862 S.W.2d 740 (1993)

T.C. TUBB, Appellant, v. Sheryl Ann BARTLETT, Independent Executrix of the Estate of James H. Bartlett, Deceased, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied October 6, 1993.


Attorney(s) appearing for the Case

Robert R. Truitt, Jr., Midland, for appellant.

C.H. Hal Brockett, Jr., Brockett & Lindemood, Midland, for appellee.

Before OSBORN, C.J., and KOEHLER and LARSEN, JJ.


OPINION

KOEHLER, Justice.

In a declaratory judgment action concerning the parties' rights and obligations arising out of two indemnity agreements, the jury found that although the parties had mutually agreed to rescind the first handwritten agreement, the rescission was conditioned on the execution of a second similar indemnity agreement which added a third party as an indemnitor. From a judgment on the verdict which among other things awarded the Appellee...

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