Haan v. Daly

OPINION

WILSON, Justice.

Appellee sought judgment for the amount of the sale price of realty, which he alleged appellant contracted to purchase. Alternatively he prayed judgment for $1750, an agreed earnest money deposit under the terms of the written contract of sale. By trial amendment he alleged appellant agreed to deposit $1750 as earnest money, for which he delivered his check to a title company; that the check was dishonored and he had been damaged in the amount thereof.

Appellant’s first point is that ap-pellee Robert V. Daly “et ux” are designated in the preamble of the sales contract as…