OPINION
BUTTS, Justice.
William M. Lightfoot and James O. Matthews appeal from a summary judgment. Plaintiffs in the court below, they sued Nance and Associates (formerly Royal Crest Homes, Inc.) in 1984 for breach of an earnest money contract. In 1987 they filed their amended original petition. Weissgarber became a defendant and party for the first time. Plaintiffs alleged breach of contract, fraud, violation of the Texas Deceptive Trade Practices Act,...
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