Legal Opinion
Evans Prescription Pharmacy, Inc. v. County of Ector
Court of Appeals of Texas
Decided March 3, 1976No. 6489PublishedCited by 6 opinions
1Opinion of the Court
OPINION
OSBORN, Justice.
This is an appeal from a Declaratory Judgment in a case involving a condemnation clause in a lease agreement. We affirm the trial Court’s judgment that the lessee is not entitled to recover damages for loss of its leasehold estate.
In July, 1972, the owners of a commercial building in Odessa, Texas, entered into a lease agreement with Evans Prescription Pharmacy, Inc., for said building for a ten-year period beginning September 1, 1972. Paragraph 15 of the lease provided:
“Should the leased property be taken by right of eminent domain, the lease shall be terminated.”
The…
2Cases cited6 opinions
- United States v. Petty Motor Co.Supreme Court of the United States · 1946
- Waesche v. Redevelopment AgencySupreme Court of Connecticut · 1967
- R & R Welding Supply Company v. City of Des MoinesSupreme Court of Iowa · 1964
- Capitol Monument Co. v. State Capitol Grounds CommissionSupreme Court of Arkansas · 1952
- Fort Worth Concrete Company v. StateCourt of Appeals of Texas · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City and County of Honolulu v. MidkiffHawaii Supreme Court · 1980
- Bi-State Development Agency of the Missouri-Illinois Metropolitan District v. NikodemMissouri Court of Appeals · 1993
- Texaco Refining & Marketing, Inc. v. Crown Plaza Group, Texas Court of Appeals, 1st District (Houston)1992
- J. R. Skillern, Inc. v. leVisonCourt of Appeals of Texas · 1979
- Motiva Enterprises, LLC v. Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb and Rebecca McCrabb, Texas Court of Appeals, 1st District (Houston)2007
1 more not listed; retrieve them via the Exa API.