Nevins v. Thomas

HOBBY, Presiding Judge.

While the relief prayed for in this case is double—specific performance of the contract if possible, if not damages for a breach thereof—the allegations in the petition show that the “ defendant has disabled himself,” or put it out of his power to comply. The action therefore is one seeking compensatory damages for such noncompliance.

It was brought by appellee James T. Thomas against appellant John Hevins for the breach of an agreement in writing entered into by the latter on December 10, 1883, to sell and convey eighty acres of land to the former in consideration of…