Davis v. Fain
Court of Appeals of Texas
Appeal from Denton County Court; S. H. Hopkins, Judge. Action by J. A. Fain and others against A. G. Davis and another. From a judgment for plaintiffs in the Justice Court, defendants appealed to the County Court, where plaintiffs again had judgment, and defendants appeal.
1Opinion of the CourtSpeer, J.
J. A. Fain and J. F. Stanley sued Taylor Smith, A. G. Davis, and M. P. Kelly in the justice’s court of Denton county to recover the sum of $150 for a shortage of 15 feet in a 100-foot lot sold by the defendants to the plaintiffs, basing their right to recover on a covenant of warranty contained in the deed of conveyance. The defendants answered by the general denial, by a special plea that the sale of the lot on which was situated a building and laundry business'was a sale in gross, and a reconvention for $27.50 as a balance of the purchase money for said lot. The plaintiffs had judgment, and…
2Cases cited2 opinions
- George v. HesseTexas Supreme Court · 1906
- Reeves v. LindseyTexas Commission of Appeals · 1885
3Cited by15 opinions
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- Foster v. BurginCourt of Appeals of Texas · 1922
- St. Mary's Oil Engine Co. v. Allen-Morrow Co.Court of Appeals of Texas · 1929
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