O'Mara v. Hall

HIGGINS, Justice.

This is a suit by the appellant O’Mara against the appellee Hall to enforce specific performance of a contract to convey a mineral interest in lands, and in the alternative to recover damages for the alleged breach of such contract. At the conclusion of the plaintiff’s evidence an instructed verdict was returned in favor of the defendant and judgment in accordance therewith rendered.

The written contract between the parties reads as follows:

“Escrow Agreement

“State of Texas “County of Cass.

“This agreement made by and between W. M. Hall, party of the first part (whether one or…