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TRITON COMMER. PROP. v. NORWEST BANK TEXAS

No. 13-98-607-CV.

1 S.W.3d 814 (1999)

TRITON COMMERCIAL PROPERTIES, LTD., Appellant, v. NORWEST BANK TEXAS, N.A., as Trustee of the Myrtle Gunn York Trust, Appellee.

Court of Appeals of Texas, Corpus Christi.

August 26, 1999.

Attorney(s) appearing for the Case

Robert B. Gilbreath, Robert Edwin Thackston, Jenkens & Gilchrist, Dallas, Richard D. Cullen, Cullen, Carsner, Seerden & Cullen, Victoria, for appellant.

James Stofer, Duane G. Crocker, Anderson, Smith, Null, Stofer & Murphree. L.L.P., Victoria, for appellee.

Before Chief Justice SEERDEN and Justices YAÑEZ and CHAVEZ.

OPINION

Opinion by Chief Justice SEERDEN.

The primary issue in this case is whether the date for payment of an extension fee for an option to purchase real property in a written earnest-money contract may be further extended by an oral waiver and modification of that agreement. Triton Commercial Properties, Ltd. appeals from a summary judgment granted in favor of Norwest Bank Texas, N.A., declaring that Triton's contract to purchase property from Norwest...

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