SAIKOWSKI v. GAGE

No. 17812.

549 S.W.2d 781 (1977)

A. E. SAIKOWSKI, Appellant, v. Hardy L. GAGE et ux., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 5, 1977.


Attorney(s) appearing for the Case

Banner, McIntosh & Dobbs, and Jack G. Banner, Wichita Falls, for appellant.

Fillmore, Lambert, Farabee, Purtle & Lee, Larry L. Lambert, Wichita Falls, Nelson, Montgomery & Robertson, and David L. Tate, Wichita Falls, for appellee Edd Pruitt.


OPINION

MASSEY, Chief Justice.

By our decision in this case the judgment of the trial court is affirmed.

Hardy L. Gage and his wife contracted with A. E. Saikowski to purchase a new home building of the latter. The sale and purchase failed of consummation.

As plaintiffs the Gages brought suit against Saikowski alleging that they had by their contract to purchase deposited the amount of $50,000...

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