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FINGOLD v. COOK

No. 01-94-00063-CV.

902 S.W.2d 579 (1995)

Dr. Douglas R. FINGOLD, Appellant, v. David K. COOK, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 18, 1995.

Attorney(s) appearing for the Case

Robert M. Crain, Richard S. Browne, Houston, for appellant.

Roland Garcia, Jr., Houston, for appellee.

Before COHEN, MIRABAL and HUTSON-DUNN, JJ.

OPINION ON REHEARING

HUTSON-DUNN, Justice.

We overrule appellee's motion for rehearing, withdraw our opinion of February 16, 1994, and substitute this opinion in its stead.

Appellee, David Cook (seller), sued appellant, Douglas Fingold (buyer), for breach of an earnest money contract, demanding the release of $1,000 in earnest money. Buyer filed an answer and counterclaimed alleging that he had the right...

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