Ellett v. McMahan

WILLIAMS, Justice.

I. W. Ellett and the children of his deceased wife, plaintiffs below, appeal from a “take nothing” judgment in favor of ap-pellee, Ira L. McMahan, defendant below, in a trial to the court wherein plaintiffs sought to .enforce defendant’s alleged contract to purchase on a basis of $100 an acre, a 1/8 royalty interest under a 100-acre tract then owned by Ellett and his deceased wife. In the pleadings plaintiffs offered to do equity in such manner as the court might deem fair and equitable and tendered the deed theretofore executed, or in the alternative to execute another deed…