Legal Opinion

Birge v. Toppers Menswear, Inc.

Court of Appeals of Texas

Decided October 1, 1971No. 17670PublishedCited by 20 opinions

1Opinion of the Court

BATEMAN, Justice.

This is a suit for damages by the appel-lee Toppers Menswear, Inc. against its landlords William B. Birge and Mrs. Katherine B. Collie for alleged breach of a written lease. Appellee recovered judgment upon a jury verdict, and the landlords appeal.

The lease was dated April 1, 1967, and was for a term of five years with three renewal options of five years each given the tenant. The purpose stated was for the operation of a retail men’s clothing store. Section 4 provided that the “lessors agree to keep the roof, foundation and outer walls of the said premises in proper state of…

2Cases cited21 opinions

  1. Southwest Battery Corp. v. OwenTexas Supreme Court · 1938
  2. Moulton v. Alamo Ambulance Service, Inc.Texas Supreme Court · 1967
  3. Broussard v. MoonTexas Supreme Court · 1968
  4. Texas & N. O. R. Co. v. WoodCourt of Appeals of Texas · 1942
  5. Ellis Drilling Corporation v. McGuireCourt of Appeals of Texas · 1959

16 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State National Bank of El Paso v. Farah Manufacturing Co., Texas Court of Appeals, 8th District (El Paso)1984
  2. Kerrville HRH, Inc. v. City of Kerrville, Texas Court of Appeals, 4th District (San Antonio)1990
  3. St. Paul Surplus Lines Ins. Co., Inc. v. Dal-Worth Tank, Texas Court of Appeals, 7th District (Amarillo)1996
  4. Southwestern Bell Telephone Co. v. GriffithCourt of Appeals of Texas · 1978
  5. Briargrove Shopping Center Joint Venture v. Vilar, Inc., Texas Court of Appeals, 1st District (Houston)1982

15 more not listed; retrieve them via the Exa API.

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