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ROLLINGWOOD TRUST NO. 10 v. SCHUHMANN

No. 03-98-00113-CV

984 S.W.2d 312 (1998)

ROLLINGWOOD TRUST NO. 10 and Thom Farrell, Trustee, Appellants, v. Robert E. SCHUHMANN, Ernestine Schuhmann Rainey and Ellen Schuhmann Norwood, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 25, 1999.

Attorney(s) appearing for the Case

Travis R. Phillips, Phillips & Merica, P.C., Austin, for appellants.

Patricia D. Pope, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for appellees.

Before Chief Justice ABOUSSIE, Justices POWERS and KIDD.

JOHN POWERS, Justice.

Rollingwood Trust No. 10 ("Rollingwood") and its trustee Thom Farrell appeal from a summary judgment against them in a suit brought by Robert Schuhmann, Ernestine Schuhmann Rainey, and Ellen Schuhmann Norwood (the "Schuhmanns"). We will reverse the summary judgment and remand the cause to the trial court.

THE CONTROVERSY

The Schuhmanns entered into a contract with James Ferguson ("Ferguson") giving him an election to purchase...

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