Baxter & Swinford, Inc. v. Mercier

OPINION

LEVY, Justice.

Appeal is taken from a judgment in a nonjury trial awarding damages to the seller for breach of an earnest money contract against both the buyers and their brokers. We affirm the judgment as to the buyers, and reverse and render judgment that the seller take nothing as against the appellants, brokers for the buyers.

Carl and Frances Crites, as buyers, contracted to purchase the home of Suzanne Mercier, at 5702 Jason in Houston, Texas, and contemporaneously deposited $4,000 earnest money with the U.S. Life Title Company of Houston, as escrow agent. The real estate brokers…