RHODESSA DEVELOPMENT CO. v. SIMPSON

No. 08-82-00363-CV.

658 S.W.2d 218 (1983)

RHODESSA DEVELOPMENT COMPANY, Appellant, v. J.M. SIMPSON, Appellee.

Court of Appeals of Texas, El Paso.

August 31, 1983.


Attorney(s) appearing for the Case

J. Albert Kroemer, Dallas, for appellant.

Jimmie D. Oglesby, R. Mike Borland, Midland, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.


OPINION

OSBORN, Justice.

When a real estate sales contract was not consummated because the land was not rezoned, the seller obtained a judgment for recovery of the purchaser's earnest money deposit based upon the purchaser's failure to use due and reasonable diligence to obtain a zoning change. We affirm.

J.M. Simpson and Rhodessa Development Company entered into an earnest money contract whereby Simpson was to sell Rhodessa 15.91 acres of land within...

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