Loper v. Robinson
Texas Supreme Court
Appeal from Freestone. Tried below before the Hon. John B. Rector. Robinson sued Loper and McElroy upon a note for $1,203, upon which were indorsed two credits, amounting to $700. Defendants answered, alleging that the note was given for a tract of land which plaintiff represented to contain 1,231 acres, when in fact it only contained 1,091 acres; that they purchased at the price of $3 per acre, and they claimed a proportional abatement for the number of acres short.
Read the full summary
Appeal from Freestone. Tried below before the Hon. John B. Rector. Robinson sued Loper and McElroy upon a note for $1,203, upon which were indorsed two credits, amounting to $700. Defendants answered, alleging that the note was given for a tract of land which plaintiff represented to contain 1,231 acres, when in fact it only contained 1,091 acres; that they purchased at the price of $3 per acre, and they claimed a proportional abatement for the number of acres short. They also alleged that plaintiff • represented to them that there was a valuable cedar brake on the land, and that this was…
1Opinion of the Court
Quinan, Commissioner.
The assignments of error which complain of the verdict, it will be seen from an examination of the testimony, are not well taken. As respects the quantity of land in the survey the testimony is conflicting, and it was for the jury to determine the issue from the facts before them. Upon this subject, we cannot say that there was no evidence to sustain the finding, and consequently their vórdict cannot be disturbed.
The only objection made to the charge of the court is that it qualified the effect of the representations of plaintiff with respect to the cedar brake, by the…
2Cases cited5 opinions
- Salinas v. WrightTexas Supreme Court · 1854
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- Pendarvis v. GrayTexas Supreme Court · 1874
- Carter v. EamesTexas Supreme Court · 1876
- Hemming v. ZimmerschitteTexas Supreme Court · 1849
3Cited by38 opinions
- Wilson v. JonesTexas Commission of Appeals · 1932
- Mason v. PetersonTexas Commission of Appeals · 1923
- Reed v. HesterTexas Commission of Appeals · 1932
- Alexander v. WalkerCourt of Appeals of Texas · 1922
- Thrower v. BrownleeTexas Commission of Appeals · 1929
33 more not listed; retrieve them via the Exa API.