LEE v. STROMAN

No. 17661.

470 S.W.2d 783 (1971)

Sidney P. LEE and B. David Benfer, Jr., Independent executor of the Estate of Zelma T. Benfer, Deceased, Appellants, v. James H. STROMAN, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied September 17, 1971.


Attorney(s) appearing for the Case

Linda A. Whitley, Berman, Fichtner & Mitchell, Richard S. Geiger, Ewing & Geiger, Dallas, for appellants.

Wm. A. McKenzie, Allen Joe Fish, McKenzie & Baer, Dallas, for appellee.


GUITTARD, Justice.

In this suit by the seller of a house and lot to recover liquidated damages from the buyer, the question is whether the buyer's offer was effectively accepted by the seller's agent within the time specified in the offer. We hold that the acceptance was not effective because it was not accompanied by evidence of the agent's authority.

Plaintiff Sidney Lee lived in the Virgin Islands but operated a business in Dallas. He listed his Dallas...

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