MID-TEX CONSTRUCTION CORPORATION v. Passero

OPINION

PRESLAR, Justice.

Appellee, as plaintiff, recovered judgment against appellant for the return of earnest money which he had paid to appellant under a contract of sale of real estate. Trial was to the court without a jury, findings of fact and conclusions of law were filed by the trial judge, and certain requested additional findings were refused. We are of the opinion that the judgment should be affirmed.

Appellee was the purchaser and appellant was the seller, and the parties will be referred to as “purchaser” and “seller”, as they were so designated in their written contract.

The…