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  5. 956 S.W.2d 82 (1997)
 

LLOPA, INC. v. NAGEL

No. 04-95-00754-CV.

956 S.W.2d 82 (1997)

LLOPA, INC., Appellant, v. Ernst NAGEL, Independent Executor of the Estate of Alma Heiligmann, Deceased, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 24, 1997.

Dissenting Opinion September 24, 1997.

Attorney(s) appearing for the Case

Michael A. Henry, Boerne, for Appellant.

Bill Palmer, Boerne, for Appellee.

Before LÓPEZ, STONE and GREEN, JJ.

Dissenting Opinion of Justice Green, September 24, 1997.

OPINION

LÓPEZ, Justice.

This is an appeal of a summary judgment granted in favor of appellee. We reverse and remand to the trial court for further proceedings.

Factual Background

Alma Heiligmann (Heiligmann) sold 97 acres of undeveloped land near Boerne to Llopa, Inc., (Llopa) a Texas corporation, in 1983. Llopa executed a ten-year real estate lien note with a vendor...

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