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SMITH v. EVANS

No. 20441.

620 S.W.2d 627 (1981)

Jerry P. SMITH, Appellant, v. Roger EVANS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Granted March 30, 1981.

Rehearing Denied March 30, 1981.

Attorney(s) appearing for the Case

Wade Starr, Goodstein & Starr, Dallas, for appellant.

Dean Carlton, Dallas, E. N. Bender, Houston, for appellee.

Before ROBERTSON, CARVER and STOREY, JJ.

Rehearing Granted March 30, 1981. (Smith)

Rehearing Denied March 30, 1981. (Evans)

CARVER, Justice.

This case presents a dispute over the disposition of the earnest money deposit accompanying a real estate sales contract permitting termination if the buyer cannot secure a loan on specified terms. Jerry P. Smith, who was the seller under the contract, appeals from a judgment awarding the earnest money deposit to Roger Evans, who was the assignee of...

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