Court of Appeals of Texas April 12, 1973, No. 18053 (Zale Corp. v. E. I. DuPont de Nemours & Co.)

BATEMAN, Justice.

This is the second appeal in this case. Our opinion on the first appeal is found in E. I. DuPont de Nemours & Company v. Zale Corporation, 462 S.W.2d 355 (Tex.Civ.App., Dallas 1970, writ ref’d n. r. e.). As shown by that opinion, the trial court had denied the specific performance prayed for and we reversed and rendered judgment granting specific performance.