Zale Corp. v. E. I. DuPont de Nemours & Co.

BATEMAN, Justice.

This is the second appeal in this case. Our opinion on the first appeal is found in E. I. DuPont de Nemours & Company v. Zale Corporation, 462 S.W.2d 355 (Tex.Civ.App., Dallas 1970, writ ref’d n. r. e.). As shown by that opinion, the trial court had denied the specific performance prayed for and we reversed and rendered judgment granting specific performance. As in the former opinion, the parties will be called Zale and DuPont, respectively.

The only ultimate question presented to us for decision on the former appeal was whether DuPont had given timely notice of its exercise…