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HUNTLEY v. ENON LTD. PARTNERSHIP

No. 2-04-388-CV.

197 S.W.3d 844 (2006)

William L. HUNTLEY, Appellant, v. ENON LIMITED PARTNERSHIP, A Texas Limited Partnership, Appellee.

Court of Appeals of Texas, Fort Worth.

June 29, 2006.

Attorney(s) appearing for the Case

Cotten Schmidt L.L.P., Rick Disney, Fort Worth, Higier Lautin Foxman McKinney & Owen, P.C., Jennifer L. Owen Addison, for Appellant.

Hill Gilstrap, PC and Frank Gilstrap, Michael D. Schattman and Patricia Larue, Arlington, for Appellee.

Panel B: LIVINGSTON, GARDNER, and WALKER, JJ.

OPINION

ANNE GARDNER, Justice.

I. INTRODUCTION

This appeal concerns a dispute over $75,000 in earnest money deposited by Appellant William L. Huntley ("Huntley") pursuant to a contract entered into with Appellee Enon Limited Partnership ("Enon"), a Texas Limited Partnership, for the purchase of a shopping center. Huntley terminated the contract before closing, and both parties claimed that they were entitled to the earnest money. After a bench...

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