Frasier v. Schauweker

OPINION

EDELMAN, Justice.

David A. Frasier and Virginia A. Frasier, husband and wife, appeal from a summary judgment granted in favor of John Schau-weker on the ground that there were genuine issues of material fact. We reverse and remand.

The parties entered into a standard form earnest money contract1 for Schauweker to buy, and the Frasiers to sell, a parcel of real *603estate located in Houston, Texas. Schauweker deposited $1,000 earnest money to be held in escrow by a title company. Paragraph 4(E) of the contract provided:

Within 10 work days from the effective date of this contract, Buyer shall…