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FAWCETT, LTD. v. IDAHO N. & PACIFIC R. CO.

No. 11-07-00154-CV.

293 S.W.3d 240 (2009)

FAWCETT, LTD., Appellant, v. IDAHO NORTHERN & PACIFIC RAILROAD COMPANY, Appellee.

Court of Appeals of Texas, Eastland.

Opinion Overruling Rehearing and Modifying Judgment July 23, 2009.

Attorney(s) appearing for the Case

Elizabeth Sturdiyant Kerr, Walker C. Friedman, Christian D. Tucker, Friedman, Suder & Cooke, P.C., David E. Keltner, Kelly Hart & Hallman LLP, Fort Worth, TX, for appellant.

Ed Huddleston, Larry Bracken, Law, Snakard & Gambill, P.C., Dabney D. Bassel, Bassel & Wilcox, P.L.L.C., Fort Worth, TX, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

This case involves the construction of a real estate sales contract. Fawcett, Ltd. (Fawcett) agreed to sell its ranch to Idaho Northern & Pacific Railroad Company (Railroad). Because the parties were not certain as to the exact size of the ranch, they provided in the sales contract that either party could terminate the contract without penalty if the actual acreage contained in the survey turned out to vary by more than...

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