Wells v. Foreman
Court of Appeals of Texas
Appeal from District Court, Fannin County; Ben H. Denton, Judge. Suit by T. H. Wells against J. H. Foreman for specific performance of a1 parol contract for the sale of land. Judgment for defendant, and plaintiff appeals.
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Appeal from District Court, Fannin County; Ben H. Denton, Judge. Suit by T. H. Wells against J. H. Foreman for specific performance of a1 parol contract for the sale of land. Judgment for defendant, and plaintiff appeals. The appellant agreed to give appellee two gasoline engines and certain other personal property of the total value of $750 for a horse and a jack and certain real estate of the total value of $750, the appellee to make a deed of conveyance to appellant for the real estate. The contract between the parties was an oral one. The appellee placed the appellant in possession of the…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The jury made the special findings that the contract, as pleaded, was made by the appel-lee with the appellant, and! that each party received and was put in possession of all the-property agreed upon between them. But the evidence established that the contract was an oral one, and there was no evidence that the plaintiff! had made valuable improvements on the place after he went into possession of the premises. In order to have a judgment of specific performance as to the real estate, as pleaded, it was necessary for the court to find, which the evidence…
2Cases cited5 opinions
- Bradley v. OwsleyTexas Supreme Court · 1889
- Cobb v. JohnsonTexas Supreme Court · 1908
- Page v. VaughanCourt of Appeals of Texas · 1915
- West v. WebsterCourt of Appeals of Texas · 1905
- Robertson v. Simpkins & SimpkinsTexas Supreme Court · 1884
3Cited by6 opinions
- Tunnell v. MooreCourt of Appeals of Texas · 1932
- Turfitt v. PeralesCourt of Appeals for the Fifth Circuit · 1933
- Reeves v. San Antonio Building Materials Co.Court of Appeals of Texas · 1930
- Brooke Smith Realty Co. v. GrahamCourt of Appeals of Texas · 1923
- Germania Mutual Aid Association v. SchaeferCourt of Appeals of Texas · 1955
1 more not listed; retrieve them via the Exa API.