Herbage v. Snoddy

OPINION

WILSON, Justice.

This appeal arises from a dispute between parties to an earnest money contract. After the transaction failed to close, members of the Snoddy family,1 sellers of the realty and appellees in this Court, filed suit in the trial court against Mr. and Mrs. Herbage, buyers and appellants. A bench trial resulted in judgment favoring the Snoddys (sellers) for the earnest money plus interest and attorney’s fees. We reverse and render judgment for the Herbages (buyers).

The trial court made the following findings of fact relevant to our decision:2(1) Sellers were the owners in fee…