MARTIN v. XARIN REAL ESTATE, INC.

No. 81-1261.

703 F.2d 883 (1983)

Roy L. MARTIN, Plaintiff-Appellee, v. XARIN REAL ESTATE, INC. and Loren Baxter, Defendants-Third-Party Plaintiffs-Appellants, v. G.M. RICHARDS & CO., INC. and Gerald M. Richards, Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

April 25, 1983.


Attorney(s) appearing for the Case

Branton & Mendelsohn, Inc., Les Mendelsohn, Alan E. Warrick, San Antonio, Tex., for defendants-third-party-plaintiffs-appellants.

Emerson Banack, Jr., Ronald B. King, Scott Breen, San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE and GARWOOD, Circuit Judges.


GARWOOD, Circuit Judge:

This is an appeal in a Texas law diversity suit from a judgment for appellee for liquidated damages incurred as a result of appellant's breach of contract. The primary question is whether a contract was made between appellant and appellee. Following a bench trial, the district court found that an enforceable, executory contract was entered into by the parties, and that appellant breached it. We affirm the district court's judgment.

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