Weissberger v. Brown-Bellows-Smith, Inc.

HAMBLEN, Chief Justice.

Appellants, Ernest Weissberger, Jack Goldman, and May’s Realty, Inc., instituted this suit in the District Court of Harris County against appellee to recover damages for an alleged breach of a leasing contract. Appellee answered and filed a cross-action for damages based on appellants’ failure to occupy the leased premises. At .the conclusion of appellants’ evidence, submitted before the court and a jury, the court, upon motion by appellee, instructed the jury to return a verdict favorable to ap-pellee. Appellee moved to sever its cross-action, which motion was granted,…