MARKERT v. WILLIAMS

No. 01-93-00173-CV.

874 S.W.2d 353 (1994)

H.W. MARKERT, Appellant, v. Lewis T. WILLIAMS and Sherra Williams, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 19, 1994.


Attorney(s) appearing for the Case

O.F. Jones, III, Victoria, for appellant.

Michael E. Orsak, Richmond, for appellees.

Before HUTSON-DUNN, COHEN and MIRABAL, JJ.


OPINION

HUTSON-DUNN, Justice.

Appellant, H.W. Markert, as lessee, brought this declaratory judgment action to determine the rights and liabilities of the parties under a commercial lease containing both an option to purchase at a fixed-price and a right of first refusal. The sole issue presented at trial was whether the lessee's failure to exercise his right of first refusal, which was followed by a sale, extinguished the fixed-price option. A single question...

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