Scarborough v. Arrant
Texas Supreme Court
Error from Tyler. Tried below before the Hon. James M, Maxcy. This suit was brought by H. V. Scarborough against Reddrick Arrant and John H. McKinney to compel the specific performance by Arrant of the conditions of a bond, and to cancel a certain conveyance from the latter to McKinney. The defendants answered jointly by a general demurrer and other answers. The demurrer was sustained, and judgment rendered thereon for the defendants. The other facts appear from the opinion.
1Opinion of the CourtRoberts, J.
This is a suit for a specific performance of a contract for the sale of land as evidenced by a bond for title, which acknowledged that a part of the purchase money was paid down, on one side, and by a promissory note for the balance bearing ten per cent, interest from date until paid, on the other side. The -facts set forth in the petition, and not those in the answer, are before us for consideration, as a demurrer to the petition was sustained. The question is, has the negligence of the appellant defeated his right to this remedy?
*131Scarborough purchased of Arrant a certain tract of three…
2Cases cited3 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Benedict v. LynchNew York Court of Chancery · 1815
- Hatch v. CobbNew York Court of Chancery · 1820
3Cited by31 opinions
- Langley v. NorrisTexas Supreme Court · 1943
- G. W. Tom & Wife v. WollhoeferTexas Supreme Court · 1884
- Carl M. Archer Trust No. Three, Mary Frances G. Archer Trust No. Three, and Mary Archer Dixon and Carla Archer Johnson, Trustees v. Ronald Ralph Tregellas and Donnita TregellasTexas Supreme Court · 2018
- Thompson v. RobinsonTexas Supreme Court · 1899
- Winters v. CowardCourt of Appeals of Texas · 1915
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