Delavan v. Hymel

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Delavan from summary judgment for plaintiff Hy-mel, decreeing specific performance of a contract to convey real property.

Plaintiff sued defendant for specific performance of a contract to sell and convey to plaintiff land. The contract provided, among other things, that Hymel agreed to purchase and Delavan agreed to sell 28.229 acres in the Tejada Survey in Bexar County. The price was $5000 cash (which was paid), and a note for $106,687 to be payable on or before 5 years, with interest at 6% to begin on the date sewer and water…