Court of Appeals of Texas November 30, 1977, No. 1709 (Hugley v. Caldwell)

CIRE, Justice.

R. C. Hugley appeals from a judgment which denied him recovery of $10,000 allegedly due him pursuant to the terms of an earnest money contract. The trial court, after hearing the plaintiff’s case, granted the defendants’ motion for judgment that plaintiff take nothing.

On June 29, 1973, Hugley and D. R.