KNOX v. TOWNES

No. 5039.

470 S.W.2d 290 (1971)

Tom KNOX, Appellant, v. Willie TOWNES, Appellee.

Court of Civil Appeals of Texas, Waco.

August 19, 1971.


Attorney(s) appearing for the Case

Tolbert M. Dalton, III, Dallas, for appellant.

Roy C. Coffee, Jr., Dallas, for appellee.


OPINION

HALL, Justice.

On February 22, 1970, appellant and appellee executed a written contract whereby appellee was to purchase a residence, located in Dallas, from appellant for the price of $52,500. Appellee paid appellant $1,000 as earnest money. Under the terms of the contract, the earnest money would be forfeited to appellant if appellee failed to consummate the sale. However, the agreement contained this clause: "This contract is contingent upon purchaser...

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