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GRANT v. SHERWOOD SHORES, INC.

No. 11879.

477 S.W.2d 667 (1972)

M. W. GRANT, Jr. and Lynn R. Lacoss, Appellants, v. SHERWOOD SHORES, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

March 1, 1972.

Attorney(s) appearing for the Case

Lindley, Schroeder & Wells, William L. Schroeder, Killeen, for appellants.

Bowmer, Courtney, Burleson & Ferguson, Bob Burleson, Temple, for appellee.

O'QUINN, Justice.

The controlling issue in this case is whether Sherwood Shores, Inc., as vendor, waived its right to cancel without notice two written executory contracts for the sale of six subdivision lots and to retain as liquidated damages all money paid by appellants, as vendees, prior to cancellation.

M. W. Grant, Jr. and Lynn R. Lacoss, acting together, entered into written contracts with Sherwood Shores, Inc., for the

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