Steves v. United Services Automobile Association

KEITH, Justice.

Appellant’s able counsel, true to the traditions of effective advocacy, takes us to task in his motion for rehearing for some of the language we used in describing the legal effect of the conduct of appellant in this case. The criticism is, perhaps to some extent, justified; and, to the end that the opinion may be as fair alike to all parties as is possible under our record, we withdraw the prior opinion of September 17, 1970 and substitute this in lieu thereof.

Steves, plaintiff below, appeals from a summary judgment entered in his suit for specific performance against the…