Legal Opinion

Funk v. Miller

Court of Appeals of Texas

Decided December 2, 1911PublishedCited by 26 opinions

Appeal from District Court, Deaf Smith County; D. B. Hill, Judge. Action by J. H. Funk and others against B. W. Miller. Judgment for defendant, and plaintiffs appeal.

1Opinion of the CourtHall, J.

This suit grows out of a contract between appellee, Miller, and appellants, J. H. Funk, A. M. Phillips, E. E. Ewers, J. W. Wills, and B. T. Wills, whereby it was agreed that they should purchase two sections of Deaf Smith county land, and hold the same for speculation. They were to bear equally the cost of the land and the expense incident to the purchase and acquisition of title. The contract was made with reference to two sections, which they understood could be bought from third parties at; $8 per acre, and it was agreed that the same should be sold when the market price had advanced to…

2Cases cited5 opinions

  1. Traylor v. TownsendTexas Supreme Court · 1884
  2. Frisby v. WithersTexas Supreme Court · 1884
  3. Frizzell v. JohnsonTexas Supreme Court · 1867
  4. Cadwallader v. LoveceCourt of Appeals of Texas · 1895
  5. Continental Insurance v. PruittTexas Supreme Court · 1885

3Cited by26 opinions

  1. Texas Employers' Ins. Ass'n v. HerronCourt of Appeals of Texas · 1930
  2. Williams Chastain v. LairdCourt of Appeals of Texas · 1930
  3. New St. Anthony Hotel Co. v. PryorCourt of Appeals of Texas · 1939
  4. Wentz v. HancockCourt of Appeals of Texas · 1951
  5. Herd v. WadeCourt of Appeals of Texas · 1933

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