BARROW, Chief Justice.
Appellee-purchaser was granted a summary judgment in his suit to recover the sum of $500 deposited as earnest money under the terms of a written contract for the sale by appellant of a residence in San Antonio. The contract was conditioned upon "Purchaser's ability to qualify for, or Realtor's ability to secure for Purchaser, a conventional loan ... amortizable over a period of not less than (30) years, with interest not to exceed (8%) per annum...
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