Pena v. Security Title Co.

NORVÉLL, Justice.

This is an appeal from a judgment directing the forfeiture of earnest- money in the sum of $1,000 under a contract for the purchase and salp of real estate. The contract involved was, prepared by .filling in the blanks of a printed form and is somewhat informal and indefinite.

The pertinent parts of the contract are as follows:

“Earnest Money Receipt

“San Antonio, Texas, October 3, 1952 “Mr. Frank F. Pena, Jr..

(Purchaser)

“We hereby acknowledge receipt of One-thousand and no/100 ($1000.00) Dollars as earnest money to.bind sale tó you of .property situated in B.exar County, Texas,…