Buttery v. Bush

McKAY, Justice.

This is a declaratory judgment action by a lessor to have a lease of real property declared void and to declare the rights of the parties. Trial was to the court which granted judgment to the lessee based upon a plea of res judicata. The lessor now appeals.

Appellant Pearl Buttery, known also as Mrs. Miles Buttery, plaintiff below, owns a certain piece of real property located on the southwest corner of Main and Berry Streets in the city of Llano. Since at least 1961 the building located on that property has been used as a washateria. In that year, W. L. Bush, deceased husband…