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HORNER v. BOURLAND

No. 83-1360. Summary Calendar.

724 F.2d 1142 (1984)

Robert E. HORNER, Plaintiff-Appellant, v. Richard L. BOURLAND and Barbara Jane Bourland, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 13, 1984.

Attorney(s) appearing for the Case

Martin & Thomas, Mexia, Tex., Michael Thomas, W. James Kronzer, Houston, Tex., for plaintiff-appellant.

Brown, Herman, Scott, Dean & Miles, James T. Blanton, Fort Worth, Tex., for defendants-appellees.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.

RANDALL, Circuit Judge:

The plaintiff brought this diversity action to compel the specific performance of a contract for the sale of real estate. After a bench trial, the district court rendered judgment for the defendants, and the plaintiff timely appealed. For the reasons set forth below, we reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND.

On January 13, 1979, the plaintiff, Robert Horner, as buyer and the defendants, Richard and Barbara Jane Bourland...

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