Cartwright v. Thorne

Court of Appeals of Texas

Cartwright v. Thorne

466 S.W.2d 51, 1971 Tex. App. LEXIS 3023

CourtCourt of Appeals of Texas

DecidedApril 1, 1971

DocketNo. 5009

StatusPublished

This text of 466 S.W.2d 51 (Cartwright v. Thorne) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cartwright v. Thorne, 466 S.W.2d 51, 1971 Tex. App. LEXIS 3023 (Tex. Ct. App. 1971).

Pincite

Opinion

OPINION

WILSON, Justice.

Summary judgment for defendant was rendered in appellant’s suit to set aside a trustee’s sale and deed. Appellee filed a counterclaim for possession and for the alleged rental value of the property.

Appellant’s first point is that the judgment was erroneous because there exist “genuine issues of fact”. The other point is that “there is a material fact issue as to the rental value of the property” for which judgment was rendered against appellant.

The only issue of material fact referred to in the brief of appellant, other than those as to which appellant filed admissions, is that of the rental value.

Appellee has filed a remittitur in this court of the entire amount of the judgment for rental damages. Under the format of appellant’s brief there is no issue to decide.

The judgment of the trial court is reformed to delete the $1689.00 damages, and as reformed is affirmed.

Reformed and affirmed.

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