Seale v. Click

McCLOUD, Chief Justice.

This case involves the interpretation of an appellate court’s mandate limiting the remand of a case to a specific issue.

In a prior appeal, R. H. Seale sued Robbie Seale Click seeking specific performance of an option to purchase real estate. Click asserted coverture as a defense and also filed a cross action seeking damages for the wrongful detention and use of the property by Seale. Both parties moved for summary judgment. The trial court granted Seale’s motion. On appeal, the Austin Court of Civil Appeals in Click v. Seale, 519 S.W.2d 913 (Tex.Civ.App.1975, writ ref.…