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SMITH v. SMITH

No. 13-02-243-CV.

112 S.W.3d 275 (2003)

Carol Sylvia SMITH, Appellant, v. Farrell M. SMITH, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled August 28, 2003.

Attorney(s) appearing for the Case

William G. Burnett, Sinton, for Appellant.

Farrell M. Smith, Corpus Christi, Nathan A. East, Portland, for Appellee.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and MAURICE AMIDEI.

OPINION

Opinion by Justice RODRIGUEZ.

This is a trespass to try title and breach of contract case filed by Carol S. Smith, appellant, against her brother, Farrell M. Smith, appellee. On appeal, appellant generally contends the trial court erred in concluding her breach of contract claim was defeated by substantial performance and by estoppel.2 We affirm.

I. Background

The parties' father, Farrell D. Smith, left...

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