Ward v. Stuart
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. B. W. Rimes. Suit brought the 13th day of October, 1873. On the 1st day of September, 1881, appellant filed his first amended original petition, alleging that appellee E. C. Stuart was administrator of the estate of S. S. Ward, deceased, and the other appellees were the widow and children of Ward' that plaintiff was a son of the deceased and was twenty-one years of age in 1865, and that S. S. Ward died in May, 1873. That in 1869…
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Appeal from Falls. Tried below before the Hon. B. W. Rimes. Suit brought the 13th day of October, 1873. On the 1st day of September, 1881, appellant filed his first amended original petition, alleging that appellee E. C. Stuart was administrator of the estate of S. S. Ward, deceased, and the other appellees were the widow and children of Ward' that plaintiff was a son of the deceased and was twenty-one years of age in 1865, and that S. S. Ward died in May, 1873. That in 1869 S. S. Ward proposed to appellant that he, Ward, would purchase, on time, the land in controversy, situated in Falls…
1Opinion of the Court
Stayton, Associate Justice.
The only question in this case is: Does the petition state such facts as will entitle the appellant to a specific performance of the contract referred to in his petition?
If we consider the agreement alleged to have been made by the father of the appellant as an unwritten agreement, the facts stated are manifestly insufficient to entitle him to the relief which he asks; and having declined, on demurrers to his petition being sustained, to allege that the agreement was in writing, we are of the opinion that his averments should be held to refer to an unwritten…
2Cases cited10 opinions
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- Murphy v. StellTexas Supreme Court · 1875
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- Neatherly v. RipleyTexas Supreme Court · 1858
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3Cited by17 opinions
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- Hand v. ErringtonCourt of Appeals of Texas · 1921
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