PRENDERGAST v. SOUTHERN TITLE GUARANTY COMPANY

No. 346.

454 S.W.2d 803 (1970)

Vincent PRENDERGAST et ux., Appellants, v. SOUTHERN TITLE GUARANTY COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 13, 1970.


Attorney(s) appearing for the Case

Larry F. York, Baker, Botts, Shepherd & Coates, Houston, for appellants.

Joel Cook, Schlanger, Cook & Cohn, Houston, for appellee.


TUNKS, Chief Justice.

This appeal involves a suit by the insureds against the insurer on a title guaranty policy. The trial court, at the conclusion of the plaintiffs' evidence, on motion of the defendant, withdrew the case from the jury and rendered judgment for the defendant. The plaintiffs have appealed. We reverse the judgment of the trial court and remand the case for another trial.

In January of 1964, Vincent Prendergast and his wife, plaintiffs in the...

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