Artco-Bell Corp. v. Texstar Corp.

OPINION

MASSEY, Chief Justice.

Suit by parties in position of a plaintiff was for damages flowing from fraudulent inducement to contract, in which the earnest money advanced by plaintiff to defendant was retained by the latter upon failure and refusal of the plaintiff to consummate the contract. Plaintiff sought damages not only in the amount of the earnest money in the hands of the defendant, but also for expenses incurred in investigation and the reasonable attorney’s fees incurred in prosecuting the suit.

Additionally, plaintiff sought recovery on a contract theory for rescission of contract.…