WALKER, Justice.
Medlin and wife, owners of land and personal property, entered into a written agreement with defendant Suiter whereby they promised to sell and convey the land and personal property to said defendant upon certain performances by him. This agreement contained the following provisions:
"As earnest money Purchaser (that is, the defendant) has this day placed the sum of $500.00 together with a copy of this agreement in escrow with Houston Title...
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