SUITER v. GREGORY

No. 12852.

279 S.W.2d 909 (1955)

Darby SUITER, Appellant, v. Kegham S. GREGORY et al., Appellees.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied June 16, 1955.


Attorney(s) appearing for the Case

Gerald S. Gordon, Houston, for appellant.

McGregor & Sewell, Ben G. Sewell and Jerry M. Hamovit, Houston, for appellee Kegham S. Gregory.

No Brief filed for appellee Stewart Title Guaranty Co.


HAMBLEN, Chief Justice.

This suit involves the opposing contentions of appellant and appellee that each is entitled to be paid the sum of $500.00 which had been deposited with Stewart Title Guaranty Company as earnest money. The facts material to the determination of their respective contentions are not in dispute and are substantially as follows:

On June 17, 1954, appellant, as seller, and appellee Gregory as purchaser entered into a contract in writing under...

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