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HAYES v. EASTER

No. 7894.

437 S.W.2d 652 (1968)

Bill HAYES, d/b/a Bill Hayes Realty, Appellant, v. Gerald Albert EASTER and wife, Willie V. Easter, Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 3, 1968.

Attorney(s) appearing for the Case

William E. Wiggins, Texarkana, for appellant.

B. A. Britt, Jr., Harkness, Friedman & Kusin, Texarkana, for appellees.

FANNING, Justice.

Appellees sued appellant for $500.00 for return of a down payment on a house. Trial was to the court without the aid of a jury, resulting in a judgment for appellees in the sum of $488.95. Appellant has appealed.

Appellant presents two points on appeal: The first point is to the effect that the judgment is so contrary to the overwhelming weight and preponderance of the evidence as to be manifestly...

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