Tuchin v. Chambers

OPINION

RENFRO, Justice.

The plaintiff, lessee, sued for cancellation of a lease dated August 14, 1961, because of the alleged refusal of the lessor to allow joint use of an x-ray room in violation of the terms of the written lease agreement.

In answer to special issues the jury found (1) the provision for joint use of the x-ray room “constituted a material and substantial part of the lease,” and (2) failure of plaintiff to demand joint use of the x-ray room during the period from August 14, 1961, to July 5, 1967, was not a waiver of his right to such joint usage.

The lease provision in question…