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519 S.W.2d 76 (1975)
PENTAGON THEATRE CORPORATION et al., Appellants,
v.
CARDNO INDUSTRIES, INC., Appellee.
No. 7253.
Court of Civil Appeals of Texas, Beaumont.
November 20, 1975.
Rehearing Denied December 11, 1975.
*77 W. N. Potter, Fulbright, Crooker, Freeman, Bates & Jaworski, Beaumont, for appellants.
C. James Gelpi, Gelpi & Gorin, Beaumont, for appellee.
BURGESS, Justice.
This case involves the application of the "doctrine of prior notice," also referred to as estoppel by prior acquiescence or acquiescence in use.
Pentagon Theatre Corporation owned a theatre in Jefferson County. About April 1, 1967, they leased the theatre to Kardno Industries, Inc. for a period of eight years. Under the lease the lessee had been granted the exclusive right to exhibit motion pictures within the county of Jefferson. The theatre was used for first-run films and did a brisk business.
In March of 1970, a new theatre opened which was in competition for first-run motion pictures within the county. It had a seating capacity of 906, and was operated as an independent theatre. A few weeks later the lease was renewed for an additional eight years, to March 31, 1978.
The present action was instituted by Kardno Industries, Inc. against Pentagon Theatre Corporation and United Missouri Theatre Corporation. Among the causes of action alleged in the petition were trespass for the alleged wrongful exhibition of first-run pictures at the Jefferson County Theatre, and unlawful detainer for the nonpayment of rentals for the premises.
During the pendency of the cause, Pentagon Theatre Corporation filed a plea of the two-year statute of limitations. Since the cause of action had accrued on or before June 10, 1970, and suit was not brought until August 8, 1973, Pentagon Theatre claimed that the suit was barred by the two-year statute of limitations.
The trial court overruled the plea of the statute of limitations, and at the same time the court overruled
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2014-10-09, 20:18
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