Specht v. Collins
Texas Supreme Court
Appeal from Wichita. Tried below before Hon. P. M. Stine. H. Specht, the appellant, brought this suit in the District Court of Wichita County, September 24, 1888, against A. B. Collins, the appellee, for specific performance of an alleged contract on the part of Collins to sell and convey to him (the plaintiff) 3200 acres of school lands and in the alternative for damages for breach of the contract.
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Appeal from Wichita. Tried below before Hon. P. M. Stine. H. Specht, the appellant, brought this suit in the District Court of Wichita County, September 24, 1888, against A. B. Collins, the appellee, for specific performance of an alleged contract on the part of Collins to sell and convey to him (the plaintiff) 3200 acres of school lands and in the alternative for damages for breach of the contract. It is alleged in the petition, that on the 20th day of February, 1886, in consideration among other things of the purchase by plaintiff from defendant of certain lands the defendant entered into a…
1Opinion of the Court
COLLARD, Judge, Section A.
Appellant assigns error as follows:
“1. The court erred in failing and refusing to allow plaintiff damages for defendant’s breach of contract.
“2. The court erred in holding that there were no allegations in plaintiff’s petition that would. entitle plaintiff to prove any damages for said breach.
“3. The court erred in assuming that the breach of the contract occurred at any other time than that alleged in plaintiff’s petition, and that said breach was not a continuing breach, and that there was no final breach on September 18, 1888, when plaintiff made final demand and…
2Cited by10 opinions
- Raywood Rice, Canal & Milling Co. v. ErpTexas Supreme Court · 1912
- Grundmeyer v. McFadinCourt of Appeals of Texas · 1976
- Kearse v. KearseCourt of Appeals of Texas · 1924
- Bacle v. PickensCourt of Appeals of Texas · 1934
- Cox v. GrubbSupreme Court of Kansas · 1891
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