Wentworth v. Medellin

KLINGEMAN, Justice.

Defendant, Earl J. Wentworth, appeals from a declaratory judgment that an execu-tory contract of sale between plaintiff, Albert Medellin and wife, Rosie S. Medellin, dated November 5, 1971,1 is in full force and effect, ordering defendant to accept all payments of principal and interest due under said contract in accordance with its terms and provisions, and declaring that said contract is in force and effect because defendant did not follow the provisions of Article 1301b, Tex.Rev.Civ.Stat.Ann. (Supp. 1975), in attempting to cancel said contract.

Defendant contends that the…