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 cancellation of Ellis's right of first refusal and removal of the cloud on title, but reversed the trial court's awards of slander of title damages to Wilemon and Mahoney and attorney fees to the Waldrops, holding that proof of loss of a specific sale is required for slander of title damages and that attorney fees under Article 2226 require a duty owed by the opposing party. Justice Spears, in a concurring opinion, agreed with the judgment but argued the Belo rule should be limited to the facts presented.