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LOGAN v. SUSMAN

No. 4559.

486 S.W.2d 895 (1972)

Robert D. LOGAN, Appellant, v. Ari SUSMAN, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 17, 1972.

Attorney(s) appearing for the Case

Richard S. Geiger, Ewing & Geiger, Dallas, for appellant.

Harold B. Berman and Linda Whitley, Berman, Fichtner & Mitchell, Dallas, for appellee.

WALTER, Justice.

Ari Susman filed suit against Robert D. Logan to recover the earnest money deposit in accordance with the terms of a written contract dated December 18, 1968, for the sale and purchase of a fifty-six unit residential apartment complex. Logan refused to consummate the sale. In addition to the $2,000 cash deposit the purchaser, Logan, executed a note in the principal sum of $8,000, which note provided:

"This note is given as escrow deposit...

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