Texas Supreme Court

W.g. Ellis, Petitioner v. G.c. Waldrop, Respondents

July 20, 198326 Tex. Sup. Ct. J. 541

Summary

The Texas Supreme Court affirmed the appellate court's judgment that Ellis waived his right of first refusal, but reversed the lower courts' awards of slander of title damages and attorney's fees, holding that plaintiffs must prove loss of a specific sale to recover and that no duty existed to support fee awards. The Court also clarified that a suit to remove a cloud on title is an equitable remedy, not a slander of title action. Justice Spears, in a concurring opinion, disputed the majority's reliance on Belo and argued for broader recovery in loan‑denial contexts.