Legal Opinion · Dissent

Harris v. Potts

Texas Supreme Court

Decided December 8, 1976No. B-5651Published

1DissentDenton, Justice

I respectfully dissent.

I agree the law is settled that to relieve a parol sale of land from the operation of the statute of frauds, three things are necessary: “1. Payment of the consideration, whether it be in money or services. 2. Possession by the vendee. And 3. The making by the vendee of valuable and permanent improvements upon the land with the consent of the vendor; or, without such improvements, the presence of such facts as would make the transaction a fraud upon the purchaser if it were not enforced.” Hooks v. Bridgewater, 111 Tex. 122, 229 S.W. 1114, 1116 (1921). I disagree with…

2Cases cited5 opinions

  1. Hooks v. BridgewaterTexas Supreme Court · 1921
  2. Powell v. WileyTexas Supreme Court · 1943
  3. Powell v. WileyTexas Commission of Appeals · 1943
  4. Johnson v. PerkinsCourt of Appeals of Texas · 1940
  5. Jones v. MawmanTexas Supreme Court · 1947

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