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LORING v. PEACOCK

No. 15225.

236 S.W.2d 876 (1951)

LORING et ux. v. PEACOCK et al.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 9, 1951.

Attorney(s) appearing for the Case

Eades & Eades and Warren Whitham, all of Dallas, for appellants.

G. H. Kelsoe, Jr., M. M. Priest and Jack Johannes, all of Dallas, for appellees, S. A. Peacock et ux.

Z. E. Coombes, of Dallas, for appellee, John Christmas.

CULVER, Justice.

The parties to this suit, on the 20th day of March, 1949, executed a written contract by the terms of which appellees agreed to sell, and appellants to purchase, a certain tract of land. John Christmas, as broker and agent for sellers, negotiated the sale and is also an appellee herein. Appellants sued appellees to recover the sum of $400 paid as part payment of the purchase price which was retained by the

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