AMERICAN NAT. INS. CO. v. TRI-CITIES CONST., INC.

No. 16833.

551 S.W.2d 106 (1977)

AMERICAN NATIONAL INSURANCE COMPANY, Appellant, v. TRI-CITIES CONSTRUCTION, INC., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

April 21, 1977.


Attorney(s) appearing for the Case

Dibrell, Dibrell, Greer & Brown, Ronald M. Gipson, Galveston, for appellant.

Childs, Fortenbach, Beck & Guyton, James J. Lee, Houston, for appellee.


PEDEN, Justice.

This appeal stems from the failure of Markland Development, a real estate developer, to consummate a loan commitment agreement with American National Insurance Company, as lender. Tri-Cities Construction, Inc., the assignee of Markland Development, sued appellant, American National, to recover an $11,000 "standby fee" paid by Markland to American National upon confirmation of the loan commitment. Appellant retained the fee as liquidated damages when...

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