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BROADY v. MITCHELL

No. 17169.

572 S.W.2d 36 (1978)

Henry V. BROADY, Trustee, Appellant, v. John T. MITCHELL, Jr., Trustee, Appellee.

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

Rehearing Denied September 28, 1978.

Attorney(s) appearing for the Case

DeLange, Hudspeth, Pitman & Katz, Eugene J. Pitman, Houston, for appellant.

Wood, Campbell, Moody & Gibbs, Robin C. Gibbs, Houston, for appellee.

EVANS, Justice.

This is an action to recover damages for breach of an earnest money contract executed by appellant, Henry V. Broady, Trustee, as seller, and by appellee, John T. Mitchell, Jr., Trustee, as purchaser.

The trial court entered judgment for the purchaser on the jury's verdict, awarding damages for the difference between the agreed purchase price and the market value of the property at the time of its sale by the seller to a third party. The seller...

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