Turner v. Lambeth
Texas Supreme Court
The facts of this case are stated in the opinion of the court. The contract sued upon is void for a want of consideration, there being neither a valuable nor good consideration in law expressed in it. 16 Johns. 515; 4 Cow. 427; 2 Nott. & M. '372. The contract between Turner and Lambeth shows intrinsically by its expressed objects and purposes that it was against good policy, in fraud of the right of third persons, unlawful and void.
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The facts of this case are stated in the opinion of the court. The contract sued upon is void for a want of consideration, there being neither a valuable nor good consideration in law expressed in it. 16 Johns. 515; 4 Cow. 427; 2 Nott. & M. '372. The contract between Turner and Lambeth shows intrinsically by its expressed objects and purposes that it was against good policy, in fraud of the right of third persons, unlawful and void. Either party may avoid such a contract, and more especially may he do it who was driven to the making of it by great hardship and oppression. Story on Contracts,…
1Opinion of the CourtJustice Lipscomb
This case was before us at the last term, on a judgment rendered in the court below in favor of the present appellant on a demurrer.2 The judgment was reversed and the cause was remanded, with leave to amend. After the cause was remanded the plaintiff filed an amended petition, in which he-has changed or dropped a part of the remedy sought in the original petition, in that he sought to establish a specific lien on certain negro slaves, which lien had been supposed to have-been acquired by certain deeds and proceedings of the court in the state of Mississippi; and further, to establish the…
2Cited by11 opinions
- Manges v. Astra Bar, Inc.Court of Appeals of Texas · 1980
- William B. Roberts, Inc. v. McDrilling Co.Court of Appeals of Texas · 1979
- Neuhaus v. KainCourt of Appeals of Texas · 1977
- Stone v. Lawyers Title Insurance Corp.Court of Appeals of Texas · 1976
- Turcotte v. TrevinoCourt of Appeals of Texas · 1976
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