Calicote v. Spencer
Texas Supreme Court
Appeal from Caldwell. The case was tried before Hon. A. W. Terrell, one of the district judges. Spencer sued Calicote and William B. Coffee, security, on a title-bond in the penal sum of $1,400, conditioned to make title to a lot in Lockhart to “ Tempa Spencer, for the sum of $700, to him in hand paid by the said Tempa Spencer, the receipt whereof is hereby acknowledged: “How, therefore, if the said J. B. Calicote make, or cause to be made, a good'warranty deed for the above…
Read the full summary
Appeal from Caldwell. The case was tried before Hon. A. W. Terrell, one of the district judges. Spencer sued Calicote and William B. Coffee, security, on a title-bond in the penal sum of $1,400, conditioned to make title to a lot in Lockhart to “ Tempa Spencer, for the sum of $700, to him in hand paid by the said Tempa Spencer, the receipt whereof is hereby acknowledged: “How, therefore, if the said J. B. Calicote make, or cause to be made, a good'warranty deed for the above described property to the said Tempa Spencer, or her assigns, by the 1st day of April, A. D. 1857, then this bond to be…
1Opinion of the CourtBell, J.
—We are of opinion, that there is no error in the judgment. The case was fairly presented to the jury by the charge of the court. The evidence sustained the allegation of the plaintiff’s last amended petition, that the bond had been executed in consideration of a precedent indebtedness by Calicote to the appellee. This being so, the judge properly instructed the jury that, upon the failure of the obligors in the bond to execute the deed according to the stipulation of the bond, it was the privilege of the appellee to sue either for a specific performance •of the bond or to recover the…
2Cited by4 opinions
- Hufstutler v. Grayburg Oil Co.Texas Commission of Appeals · 1932
- Hufstutler v. Grayburg Oil Co.Court of Appeals of Texas · 1930
- Hufstutler v. Grayburg Oil Co.Court of Appeals of Texas · 1930
- Thornton v. RossCourt of Appeals of Texas · 1923