Legal Opinion

Fawcett, Ltd. v. Idaho Northern & Pacific Railroad Co.

Texas Court of Appeals, 11th District (Eastland)

Decided July 23, 2009No. 11-07-00154-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

TERRY McCALL, Justice.

This case involves the construction of a real estate sales contract. Fawcett, Ltd. (Fawcett) agreed to sell its ranch to Idaho Northern & Pacific Railroad Company (Railroad). Because the parties were not certain as to the exact size of the ranch, they provided in the sales contract that either party could terminate the contract without penalty if the actual acreage contained in the survey turned out to vary by more than 10% (more or less) from 5,000 acres. The sales contract had an Exhibit A that included legal descriptions for the ranch’s fourteen tracts that…

2Cases cited19 opinions

  1. Coker v. CokerTexas Supreme Court · 1983
  2. J.M. Davidson, Inc. v. WebsterTexas Supreme Court · 2003
  3. Forbau Ex Rel. Miller v. Aetna Life Insurance Co.Texas Supreme Court · 1994
  4. Frost National Bank v. L & F Distributors, Ltd.Texas Supreme Court · 2005
  5. EZ Pawn Corp. v. ManciasTexas Supreme Court · 1996

14 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. McCarty v. Montgomery, Texas Court of Appeals, 11th District (Eastland)2009
  2. Annette McCarty v. Clinton T. Montgomery, as Managing Trustee of the Trimont Irrevocable Trusts, and Elton Montgomery, Texas Court of Appeals, 11th District (Eastland)2009
  3. Annette McCarty v. Clinton T. Montgomery, as Managing Trustee of the Trimont Irrevocable Trusts, and Elton Montgomery, Texas Court of Appeals, 11th District (Eastland)2009
  4. Arbor Windsor Court, LTD v. Weekley Homes, LP, Texas Court of Appeals, 14th District (Houston)2015
  5. Arbor Windsor Court, Ltd. v. Weekley Homes, LPCourt of Appeals of Texas · 2015

8 more not listed; retrieve them via the Exa API.

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