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CAPITAL TITLE CO. v. MAHONE

No. 17869.

619 S.W.2d 204 (1981)

CAPITAL TITLE COMPANY, Appellant, v. Randolph MAHONE, Appellee.

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

May 21, 1981.

Attorney(s) appearing for the Case

DeLange, Hudspeth, Pitman & Katz, Paul J. McConnell, III, Houston, for appellant.

Reiff & Burgess, William C. Reiff, Houston, for appellee.

Before WARREN, EVANS and DOYLE, JJ.

On Motion for Rehearing

WARREN, Justice.

The opinion filed on March 12, 1981, is withdrawn and the following substituted in its place.

The main question for our determination concerns a claimant's burden of proof when seeking to recover damages from an escrow agent because of its negligence in failing to convert an earnest money check to cash.

In 1972, William Straughan and William Upchurch (Buyers) entered into an earnest money contract...

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