CHADICK, Chief Justice.
This is a suit to recover the unrefunded balance of a sum of money placed in escrow with a broker in a real estate transaction. The summary judgment rendered against the broker in the county court is reversed and the case is remanded for trial on its merits.
L. C. Daugherty, a resident of Garland, Dallas County, listed a 284 acre tract of land located in Lamar County with Mrs. Alta Harris Tischmacher, a licensed real estate broker....
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