No. 17741.

545 S.W.2d 845 (1976)

F. C. GAINES, Jr., Appellant, v. A. R. DILLARD, Jr., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 14, 1977.

Attorney(s) appearing for the Case

Kilgore & Kilgore, James A. Kilgore and W. Stephen Swayze, Dallas, for appellant.

Sanders, Masters, Watson & Brown, Marvin H. Brown, III, Wichita Falls, Fillmore, Camp & Lee, and H. Dustin Fillmore, Fort Worth, for appellee.



The plaintiff, F. C. Gaines, Jr., sued the defendant, A. R. Dillard, Jr., to recover $104,221.65 that Gaines had deposited with Dillard as earnest money under a contract for the sale of a ranch in Clay County, Texas. Gaines was the buyer in the contract and Dillard was the seller. Plaintiff's suit was based on the contention that Dillard, as seller, failed to tender a merchantable title to the lands involved to Gaines, as purchaser, and...

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