Z. B. Thomason & Son v. Oates

S'PEBR, Associate Justice.

This was an action of trespass to try title instituted by Oscar E. Oates to recover from Z. B. Thomason and son lot Ho. 5 in the town of Haskell. There was judgment for the plaintiff and defendants have appealed.

The evidence shows that on January 1, 1906, appellants sent a check for twenty-five dollars to R. H. Beall for the lease of the lot in question for the year 1906, and the same was accepted by said Beall upon the condition “that if I make a sale of the property and have to give possession in order to make the sale, I will reserve the right to terminate the…