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BROUGHTON ASSOCIATES JOINT VENTURE v. BOUDREAUX

No. 10-00-264-CV.

70 S.W.3d 324 (2002)

BROUGHTON ASSOCIATES JOINT VENTURE, Appellant, v. Melvin BOUDREAUX, et ux., Appellees.

Court of Appeals of Texas, Waco.

February 6, 2002.

Attorney(s) appearing for the Case

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

John W. Havins, Mark E. Dykes, Havins & O'Dea, P.C., Houston, for appellees.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

TOM GRAY, Justice.

Claiming breach of covenant of warranty of title, Broughton Associates Joint Venture filed suit to recoup an overpayment of bonus consideration paid to Melvin and Dee Ann Boudreaux for an Oil, Gas & Mineral Lease. The jury was instructed that the Boudreauxs had breached the warranty of title and that Broughton's damages were $172,976.34. The issue of waiver of the breach of warranty...

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