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LEWIS v. FOXWORTH

No. 05-04-01048-CV.

170 S.W.3d 900 (2005)

Harold Ray LEWIS, Appellant, v. Jack FOXWORTH, Attorney-In-Fact for Walter L. Foxworth and Warren H. Foxworth, Appellee.

Court of Appeals of Texas, Dallas.

August 19, 2005.

Attorney(s) appearing for the Case

David R. Weiner, Glast, Phillips & Murray, Dallas, for Appellant.

Blake L. Beckham, Beckham & Thomas, L.L.P., Daylen K. Gallman, Stewart H. Thomas, Tom M. Dees III, Thomas & Dees, PLL, Dallas, for Appellee.

Before Justices MORRIS, LANG, and MAZZANT.

OPINION

Opinion by Justice MORRIS.

This is an appeal from a jury verdict awarding Jack Foxworth, as attorney-in-fact for Walter L. Foxworth and Warren H. Foxworth, damages for breach of a contract for the sale of real estate. Harold Ray Lewis contends the trial court erred in granting judgment against him because the evidence shows he was excused from performing under the contract. The Foxworths respond that Lewis's performance was not excused and his failure...

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