Gober v. Hart
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. W. H. Andrews. In the defense of a suit on a note for a balance of the purchase-money for a certain tract of land, the defendant in this case pleaded failure of consideration, in that the vendor had no right to convey the land and could not make a good or valid title to the same, as he had obligated himself to do; that suit had been instituted against the defendant for trespass upon the land; that, as the defendant was informed…
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Appeal from Hunt. Tried below before the Hon. W. H. Andrews. In the defense of a suit on a note for a balance of the purchase-money for a certain tract of land, the defendant in this case pleaded failure of consideration, in that the vendor had no right to convey the land and could not make a good or valid title to the same, as he had obligated himself to do; that suit had been instituted against the defendant for trespass upon the land; that, as the defendant was informed and believed, the plaintiff in that suit had a good and valid title to the land, of which title defendant had no…
1Opinion of the CourtOgden, J.
In an executory contract the general rule is that neither party thereto can demand nor enforce performance by the other, unless he shows that he has performed his part of the contract, or unless he shows not only his ability but his willingness to perform his part; and therefore, when the vendor sues for the purchase-money for real estate, he should show that he has made the conveyance in full compliance with the terms of the sale, or that he is now ready and willing and able to make such conveyance on the payment of the purchase-money. In the cause at bar the appellee brought suit on a note…
2Cases cited5 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Tarpley v. Poage's Adm'rTexas Supreme Court · 1847
- Demaret v. BennettTexas Supreme Court · 1867
- Wolf v. DubstTexas Supreme Court · 1853
3Cited by13 opinions
- Lucas v. North Texas Lumber Co.Supreme Court of the United States · 1930
- DiGiuseppe v. LawlerTexas Supreme Court · 2008
- Bourne v. CommissionerCourt of Appeals for the Fourth Circuit · 1933
- Bourland v. HuffhinesCourt of Appeals of Texas · 1922
- Claflin v. Hillock Homes, Inc.Court of Appeals of Texas · 1983
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