Bolton v. Alvarado

OPINION ON REMAND

WARREN, Justice.

On rehearing, we withdraw our previous opinion on remand and substitute the following opinion.

In our original opinion, Bolton v. Alvarado, 714 S.W.2d 119 (Tex.App.— Houston [1st Dist.] 1986), rev’d, 749 S.W.2d 47 (Tex. 1988) (op. on reh’g), we held that in the absence of a finding of fraud or mistake, the doctrine of merger precluded the purchasers of land from recovering on their suit for the breach of an earnest money contract. The Supreme Court of Texas, in Alvarado v. Bolton, 749 S.W.2d 47, reversed our decision, holding that the doctrine of merger may not…