Powers v. Caldwell
Texas Supreme Court
Error from Lamar. Tried below before the Hon. W. S.. Todd. Suit by Caldwell against Powers and Hathaway on a note for three hundred and eighty dollars and twenty-one cents, as the purchase money of a tract of land sold by the plaintiff as administrator, at auction, and bid off by the defendants.
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Error from Lamar. Tried below before the Hon. W. S.. Todd. Suit by Caldwell against Powers and Hathaway on a note for three hundred and eighty dollars and twenty-one cents, as the purchase money of a tract of land sold by the plaintiff as administrator, at auction, and bid off by the defendants. The defendants pleaded a failure of consideration, and fraud in the sale; alleging that the price agreed upon was a full and sound price, that the plaintiff with intent to deceive -the purchasers, and knowing that the estate represented by him had no title to the land, represented that the title was…
1Opinion of the CourtBell, J.
We are of opinion that the court below erred in refusing to permit the defendant Powers to introduce any evidence in support of his answer and amended answer. The answers would have been held insufficient upon special demurrer, because they do not allege with sufficient particularity what declarations or representations were made by the administrator in reference to the title, at the time of the sale of the land; nor does the plea allege with the necessary certainty wherein the title to the land is defective. This was an executory contract, and the same rules do not apply to the defence of…
2Cited by6 opinions
- Ashcroft v. StephensCourt of Appeals of Texas · 1897
- Booth v. PickettTexas Supreme Court · 1880
- Carter v. RolandTexas Supreme Court · 1880
- Boone v. MooreCourt of Appeals of Texas · 1922
- Houston Electric Co. v. McDadeCourt of Appeals of Texas · 1904
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