Public-domain · open source
OpenJurist

466 S.W.2d 51

Cartwright v. Thorne

Court of Appeals of Texas

Decided April 1, 1971

Court of Appeals of Texas · decided 1971-04-01

Decided 1971-04-01

¶1OPINION

WILSON, Justice.

¶2Summary 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.

¶3Appellant’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.

¶4The 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.

¶5Appellee 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.

¶6The judgment of the trial court is reformed to delete the $1689.00 damages, and as reformed is affirmed.

¶7Reformed and affirmed.

/466/sw2d/51 · .json · Public domain