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DICKEY v. JOHNSON

No. 4692.

513 S.W.2d 876 (1974)

H. D. DICKEY, Appellant, v. Bill JOHNSON, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 20, 1974.

Attorney(s) appearing for the Case

Virgil T. Seaberry, Turner, Seaberry & Warford, Eastland, for appellant.

Ben D. Sudderth and Keith Woodley, Comanche, for appellee.

McCLOUD, Chief Justice.

Our former opinion and judgment dated June 21, 1974, are hereby withdrawn and this opinion is substituted therefor.

Bill Johnson filed suit against H. D. Dickey seeking earnest money allegedly payable to Johnson under the terms of a contract to convey real estate signed by Johnson as "seller" and Dickey as "Purchaser." At the trial the seller waived any rights he might have to specific performance...

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