Legal Opinion
Capital Title Co. v. Mahone
Court of Appeals of Texas
Decided May 21, 1981No. 17869PublishedCited by 9 opinions
1Opinion of the Court
On Motion for Rehearing
WARREN, Justice.
The opinion filed on March 12, 1981, is withdrawn and the following substituted in its place.
The main question for our determination concerns a claimant’s burden of proof when seeking to recover damages from an escrow agent because of its negligence in failing to convert an earnest money check to cash.
In 1972, William Straughan and William Upchurch (Buyers) entered into an earnest money contract with Rancho Bauer Corporation (Sellers) for the purchase of certain lots in Harris County. Under the terms of the contract, Buyers agreed to pay appellee a 5%…
2Cases cited6 opinions
- Jackson v. Urban, Coolidge, Pennington & ScottCourt of Appeals of Texas · 1974
- Gibson v. JohnsonCourt of Appeals of Texas · 1967
- OTTO VEHLE & RESERVE LAW OFFICERS ASSN. v. BrennerCourt of Appeals of Texas · 1979
- San Antonio Public Service Co. v. SmithCourt of Appeals of Texas · 1933
- Phelan v. SettleCourt of Appeals of Texas · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commercial Escrow Co. v. Rockport Rebel, Inc., Texas Court of Appeals, 13th District1989
- Federal Savings And Loan Insurance Corporation v. Texas Real Estate Counselors, Inc.Court of Appeals for the Fifth Circuit · 1992
- Hall v. BirchfieldCourt of Appeals of Texas · 1986
- Louis M. Dyll, Joyce Dyll, Edward James Dyll, Michael Andrew Dyll, Katherine Rose Dyll v. Paul W. Adams, Robert B. Milligan, Jr., Montague and Company, Louis M. Dyll v. Montague and CompanyCourt of Appeals for the Fifth Circuit · 1999
- Missouri-Kansas-Texas Railroad v. AlvarezCourt of Appeals of Texas · 1984
4 more not listed; retrieve them via the Exa API.