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BREDA v. GUARDIAN TITLE CO.

No. 5798.

559 S.W.2d 449 (1977)

Ottello BREDA et ux., Appellants, v. GUARDIAN TITLE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Waco.

November 30, 1977.

Attorney(s) appearing for the Case

Jerry S. Payne, Payne, Benefield & Widmer, Houston, for appellants.

George V. Berg, Jr., Buvens & Sellers, Jack W. Mills, Murr & Mills, Houston, for appellees.

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiffs Breda and wife from a take-nothing judgment in a suit for return of earnest money deposited in escrow.

Plaintiffs Breda sued Guardian Title, alleging plaintiffs sought to purchase a house from Donald C. McNaught and wife; entered into an earnest money contract on August 16, 1975 with the McNaughts; deposited $5000. as earnest money with Guardian; that the contract provides plaintiffs...

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