Marshall v. Garcia

OPINION

NYE, Chief Justice.

This is a suit for termination of an ex-ecutory contract for the sale of land. Prior to trial, both parties filed affidavits and motions for summary judgment pursuant to Rule 166-A, Texas Rules of Civil Procedure. After a hearing on defendants’ motion, the trial court judge entered a summary judgment in favor of the defendants, the Garcias, reciting that plaintiffs, the Marshalls, take nothing in their suit. From this judgment, plaintiffs have perfected this appeal.

In December of 1969, Mr. and Mrs. Israel Garcia, entered into a contract for the purchase of property,…