Legal Opinion

Wicks v. Comves

Texas Supreme Court

Decided May 12, 1920No. 2741PublishedCited by 15 opinions

Question certified from the Court of Civil Appeals for the Eighth District, in an appeal from Harris County. The lessee, plaintiff below, was permitted to recover damages on the trial and the judgment was affirmed on appeal; but the question was certified to the Supreme Court because of a dissenting opinion. See 171 S. W., 774.

1Opinion of the CourtJustice Greenwood

The question certified is whether damages were recoverable, for the breach of the lessor’s obligation to give inside space to the lessee for the conduct of a fruit stand, under a lease which provided :

“That the Lessor does by these presents lease and demise unto the Lessee the undivided interest in and to the possession and occupancy and use of tbe following described property towit: That certain’fruit stand located on the Southeast corner of Main Street and Texas Avenue in the City of Houston, Harris County, Texas, said fruit stand" being upon the outside of the one story brick building now…

2Cases cited5 opinions

  1. Edwards County v. JenningsTexas Supreme Court · 1896
  2. Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
  3. Pecos & Northern Texas Railway Co. v. Evans-Snyder-Buel Co.Texas Supreme Court · 1906
  4. Panhandle & S. F. Ry. Co. v. BellCourt of Appeals of Texas · 1916
  5. Wilbridge v. CaseIndiana Supreme Court · 1850

3Cited by15 opinions

  1. Williams v. WilliamsTexas Supreme Court · 1978
  2. City of Corpus Christi v. Taylor, Texas Court of Appeals, 13th District2004
  3. Rogers v. Wolfson, Texas Court of Appeals, 5th District (Dallas)1989
  4. Fabrique, Inc. v. Corman, Texas Court of Appeals, 5th District (Dallas)1990
  5. Click v. SealeCourt of Appeals of Texas · 1975

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