Northern Texas Realty & Construction Co. v. Lary
Court of Appeals of Texas
Appeal from District Court, Tarrant County ; W. T. Simmons, Judge. ■Suit for specific performance by the Northern Texas Realty & Construction Company against S. D. Lary. Judgment for defendant, and plaintiff appeals. Alleging full compliance on its part and refusal of appellee to perform and comply, the appellant brought suit for specific performance of a written contract entered into by them as to purchase and sale of certain houses and lots.
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Appeal from District Court, Tarrant County ; W. T. Simmons, Judge. ■Suit for specific performance by the Northern Texas Realty & Construction Company against S. D. Lary. Judgment for defendant, and plaintiff appeals. Alleging full compliance on its part and refusal of appellee to perform and comply, the appellant brought suit for specific performance of a written contract entered into by them as to purchase and sale of certain houses and lots. Among other defenses by appellee, there was urged as a reason for his refusal to comply with and perform the terms of the contract the happening, on…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The court concluded that the happening of the unprecedented flood doing substantial injury to the property, between the time of signing the contract and the time of performance of the things appellant obligated itself to do, was sufficient ground for appel-lee to refuse to consummate the agreement, and denied specific performance. The first assignment assails this conclusion. It can be taken as a fact that the flood was unprecedented, and that substantial injury and loss resulted to the property. The terms of the contract did' not make special stipulations…
2Cases cited6 opinions
- Brewer v. HerbertCourt of Appeals of Maryland · 1869
- Baker v. WestcottTexas Supreme Court · 1889
- Neyland v. WardCourt of Appeals of Texas · 1899
- Marks v. TichenorCourt of Appeals of Kentucky · 1887
- Rountree v. ThompsonCourt of Appeals of Texas · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sanderson v. SandersonTexas Supreme Court · 1937
- Smith v. NashCourt of Appeals of Texas · 1978
- Marshall E. Boykin and Jimmie Boykin v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1965
- Hardcastle v. SibleyCourt of Appeals of Texas · 1937
- Galbreath v. FarrellCourt of Appeals of Texas · 1923
7 more not listed; retrieve them via the Exa API.