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17090 PARKWAY, LTD. v. McDAVID

No. 05-00-01362-CV.

80 S.W.3d 252 (2002)

17090 PARKWAY, LTD., Appellant, v. David McDAVID, Trustee, and Steve Dieb, Appellees.

Court of Appeals of Texas, Dallas.

June 18, 2002.

Attorney(s) appearing for the Case

Scott A. Scher, Craig A. Morgan, Brown McCarroll, L.L.P., Dallas, for Appellant.

Stephen A. Khoury, Kelsoe Anderson, Khoury & Clark, P.C., Dallas, for Appellees.

Before Justices WHITTINGTON, JAMES, and FITZGERALD.

OPINION

Opinion By Justice WHITTINGTON.

17090 Parkway, Ltd. (Parkway) appeals the trial court's judgment awarding specific performance of a contract for the sale of real estate. In four issues, Parkway contends generally (i) the trial judge erred in failing to hold that David McDavid was barred from obtaining specific performance because he failed to tender actual performance on the closing date, (ii) the evidence is legally and factually insufficient to...

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