Flusche v. Uselton

HUGHES, .Justice. , .

Max P. Flusche, Jr., appellant, deposited $500 with C. T. Uselton, a realtor; under- a contract to purchase -a house-.and Jot in Austin, Texas,' from W. H. Filiere, the owner.' The contract, dated August 19, ■1946, provided .that should the. buyer default the $500 so deposited would, be retained as liquidated damages and equally divided between the owner and agent. " On this assumption the money was so divided; a!nd this siiit was brought September 13, 1946, for its recovery.

After all evidence had been 'introduced, the trial cóurt withdrew the-case from the jiiry and…