Rhodessa Development Co. v. Simpson

OPINION

OSBORN, Justice.

When a real estate sales contract was not consummated because the land was not rezoned, the seller obtained a judgment for recovery of the purchaser’s earnest money deposit based upon the purchaser’s failure to use due and reasonable diligence to obtain a zoning change. We affirm.

J.M. Simpson and Rhodessa Development Company entered into an earnest money contract whereby Simpson was to sell Rho-dessa 15.91 acres of land within the City of Midland. Rhodessa deposited $20,000.00 as earnest money with Lone Star Abstract and Title Company. The contract provided that if…