Carl W. and Barbara H. Patterson - Page 8

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               In a letter dated December 20, 1990, Mr. Trueheart demanded            
          from Mr. Suiter a refund of $55,000 for the amounts paid (i.e.,             
          $30,000 + $25,000) for the extensions of the Earnest Money                  
          Contract.  In his letter, Mr. Trueheart alleged that "we have               
          discovered significant discrepancies between income and expenses            
          information you have provided Mr. Patterson and the actual                  
          operation and [sic] of the projects."  In addition, Mr. Trueheart           
          alleged that the square footage attributable to Skylane                     
          Apartments differed substantially from the description of the               
          property in the Harris County records.                                      
               Mr. Boyd responded to petitioner's allegations in a letter             
          dated December 28, 1990.  Mr. Boyd recounted that Mr. Suiter had            
          not been anxious to extend the deadline for the closing of the              
          sale of Skylane Apartments but that petitioner had been                     
          "insistent".  Mr. Boyd observed that petitioner "was always                 
          optimistic that financing would be obtained".  Mr. Boyd also                
          observed that both addenda to the Earnest Money Contract                    
          contained specific disclaimers concerning the accuracy of the               
          financial data that was made available by Mr. Suiter.  Finally,             
          Mr. Boyd stated that Mr. Suiter refused to refund the $55,000.              
               After Mr. Trueheart's letter dated December 20, 1990, there            
          were no further oral or written demands made by petitioner or Mr.           
          Trueheart on Mr. Suiter for the refund of the $55,000.  Further,            
          petitioner had no communication with Mr. Trueheart after 1990,              

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