WILLIAMS, Justice.
Appeal from an order sustaining motion for summary judgment. Rule 166-A, T.R. C.P. Omega Amusement Company, a corporation, brought this action in the district court against Robert A. Nichols to recover $4,000, being a portion of earnest money deposited by plaintiff with defendant as a part of a contract of sale, containing an option agreement, between the parties. Plaintiff alleged that it had entered into a written contract with defendant to purchase...
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