BIRDWELL v. FERRELL

No. 3-87-019CV.

746 S.W.2d 338 (1988)

Joe A. BIRDWELL, Trustee, Appellant, v. J.T. FERRELL, Jr., et al., Appellees.

Court of Appeals of Texas, Austin.

February 24, 1988.


Attorney(s) appearing for the Case

Gary A. Calabrese, Austin, for appellant.

Hal Haralson, Austin, for appellees.

Before SHANNON, C.J., and BRADY and ABOUSSIE, JJ.


BRADY, Justice.

This is an appeal from a money judgment for a breach of an earnest-money contract. The sole question to be determined in this appeal is whether a trial court may award liquidated damages for the breach of a contract when there is no provision for the same in the contract. We will reverse the judgment of the trial court.

BACKGROUND

On September 10, 1985, J.T. Ferrell, Jr., and his wife, Nelda Ferrell, appellees, entered into a contract...

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