Legal Opinion

Freeman v. Duncan

Court of Appeals of Texas

Decided May 31, 1911Published

Appeal from District Court, Floyd County; L. S. Kinder, Judge. Action by W. H. Freeman and others against A. B. Duncan and others to recover earnest money. Judgment for defendants, and plaintiffs appeal.

1Opinion of the CourtNeill, J.

This suit was brought by appellants W. H. Freeman and S. M. Stansbury against A. B. Duncan, "one of appellees, to recover $500 as earnest money paid by plaintiffs to the defendant, as the agent of Mrs. S. Wingo, on a certain contract, mentioned in our conclusions of fact, for the sale of certain land; the plaintiffs being the vendees, and Mrs. Wingo, acting through her -agent, the defendant Duncan, the vendor. Mrs. S. Wingo, who is the other appellee, after the defendant Duncan filed his answer, was also made a party defendant. The case was tried without a jury, and judgment was rendered by…

2Cases cited2 opinions

  1. Heirs of Reddin v. SmithTexas Supreme Court · 1885
  2. Metz v. WrightMissouri Court of Appeals · 1906

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