R. Conrad Moore & Associates, Inc. v. Lerma

OPINION

LARSEN, Justice.

This is a defendant’s appeal from an adverse jury verdict in a contract case. We reverse and render.

FACTS

On January 30, 1990, the Lermas (Appel-lees) and R. Conrad Moore & Associates, Inc. (Appellant) entered into an earnest money contract for the purchase of two lots at 1900 Gus Moran in El Paso. The Lermas tendered a check to Moore for $13,500 as part of the earnest money contract. The sale of the lots was contingent upon the Lermas using Moore as a builder. On April 16, 1990, then Lermas and Moore incorporated the previous contract into a new home residential earnest…