Dilbeck v. Bill Gaynier, Inc.

BATEMAN, Justice.

This trespass to try title suit involves the construction of a provision in a deed which appellants contend is a condition subsequent or, in the alternative, a covenant. Alleging a breach of the provision, the appellants sue for a forfeiture of title as for breach of condition, and, in the alternative, for damages arising out of the breach of the covenant. Both parties moved for summary judgment; appellants’ motion was overruled and that of appellee sustained.

We have concluded that the provision in question did not create a condition subsequent. Considering, without deciding,…