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ERTEL v. O'BRIEN

No. 10-92-172-CV.

852 S.W.2d 17 (1993)

Allen E. ERTEL, Appellant, v. Lucy O'BRIEN, Individually and as Executrix of the Estate of Tillman O'Brien, et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied April 21, 1993.

Attorney(s) appearing for the Case

Richard L. Merrill, Fabio & Merrill, Houston, for appellant.

L.G. Clinton III, Ben H. Schleider Jr., and David A. McDougald, Schleider & Associates, Houston, for appellees.

Before McDONALD, C.J. (Retired), and CUMMINGS and VANCE, JJ.

OPINION

McDONALD, Chief Justice (Retired).

This is an appeal by plaintiff Ertel from that portion of a judgment that he take nothing against Citizens Bank and Brienwolf Corporation.

Plaintiff Ertel leased an airplane to Tillman and Lucy O'Brien for $2,333 per month. As a part of the agreement, the O'Briens were obligated to purchase the airplane for $185,000, less security deposits and $1,250 for each year...

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