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FANT v. HOWELL

No. 12395.

537 S.W.2d 350 (1976)

Alfred E. FANT, Appellant, v. Fred HOWELL et ux., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 9, 1976.

Attorney(s) appearing for the Case

J. W. Thomas, Jr., Temple, and Raymond T. Palladino, Waco, for appellant.

Zollie Carl Steakley, Bowmer, Courtney, Burleson & Pemberton, Temple, for appellees.

O'QUINN, Justice.

Fred Howell and wife, in April of 1961, contracted to sell a tract of land in Bell County to Alfred E. Fant, who under the contract was to have exclusive possession of the land pending final payment of the purchase price of $30,000, at which time Fant was to receive a general warrantly deed from the Howells.

The Howells moved from Bell County to Smith County, and Fant went into possession shortly after the contract was executed. The contract...

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