Wright v. Glass
Court of Appeals of Texas
Appeal from Titus County Court; Sam Porter, Judge. Action by G. C. Glass and others against C. H. Wright From a judgment for plaintiffs, defendant appeals.
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Appeal from Titus County Court; Sam Porter, Judge. Action by G. C. Glass and others against C. H. Wright From a judgment for plaintiffs, defendant appeals. Appellee sues for the $500 deposited as earnest money upon a contract for the purchase of real estate, claiming that he had complied with the terms of the written agreement by furnishing to the purchaser the full abstract as provided for, and that appellant had failed and refused to accept it and comply with the agreement of purchase. The parties on December 6, 1913, made the following written agreement: “We, the undersigned persons,…
1Opinion of the CourtLevy, J.
(after stating the facts as above). It is the contention of appellant, by proper assignment of error, that he was not bound under the contract to consummate the purchase unless the vendor had a good record title to convey to him, and therefore, under the facts, he was discharged of the agreement It is the contention of the appellee that the contract does not stipulate for a good record title, and that he had a right to show that he had acquired title by adverse possession. A construction of the contract is therefore decisive of the case, in view of the admitted fact of limitation title only…
2Cited by5 opinions
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- Sweet v. BerryCourt of Appeals of Texas · 1921
- Friedrich v. SeligmannCourt of Appeals of Texas · 1929
- Webb v. Consolidated Oil Co.Court of Appeals for the Fifth Circuit · 1939
- Gaines v. DillardCourt of Appeals of Texas · 1976