Mitchell v. Coker

OPINION

JAMES, Justice.

This case involves the right of Plaintiffs to take a non-suit under Rule 164, Texas Rules of Civil Procedure. The trial court refused to allow the Plaintiffs to take a non-suit, whereupon the court granted Defendant’s motion for instructed verdict and entered judgment for Defendant, from which Plaintiffs appeal. We reverse and render.

This was a suit brought by the purchasers under a contract for sale of land against the seller to recover damages for breach of a fiduciary relationship. Trial was to a jury, and after Plaintiffs and Defendant had rested, Defendant’s…