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De Leon v. Aldrete

Texas Court of Appeals

398 S.W.2d 160 (1965)

Relevant factsFree

The De Leons (defendants) contracted to sell land to Aldrete (plaintiff) for $1,500 in installments, but after Aldrete paid only $1,070 of the price by the final payment deadline, the De Leons resold the property to a third party for $1,300; Aldrete sued to recover his prior payments in restitution, and the trial court awarded him $1,512.60 (his payments plus interest and expenses), prompting the De Leons' appeal.

IssueFree

Whether restitution damages are available for a defaulting purchaser.

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