PANNELL v. ASHWORTH

No. 16389.

365 S.W.2d 817 (1963)

William Andrew PANNELL, d/b/a Jack Pannell Realty Co., et al., Appellants, v. Jonnie Davis ASHWORTH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

March 1, 1963.


Attorney(s) appearing for the Case

Ben L. Adams, Jr., Houston, for appellants.

Bernard Kay, Houston, for appellee.


MASSEY, Chief Justice.

The appeal is from a judgment for plaintiff awarding damages because of defendant's breach of contract to sell (or to contract to sell) plaintiff's realty for the sum of $17,500.00. A sale was made for $14,025.00.

Whether the sale was to be made at not less than a price of $17,500.00 was not a question. The single special issue submitted read as follows: "Do you find from a preponderance of the evidence that the Plaintiff had knowledge...

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