Zapp v. Michaelis
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit brought October 28, 1879, by Miohaelis, against the appellant Zapp, upon the covenants of a title bond from Zapp to Michaelis, of date March 24,1869, for thirty and -fa acres, a part of what was known as the “ Pullen tract,” adjacent to the village of Round Top, in Fayette county.
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Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit brought October 28, 1879, by Miohaelis, against the appellant Zapp, upon the covenants of a title bond from Zapp to Michaelis, of date March 24,1869, for thirty and -fa acres, a part of what was known as the “ Pullen tract,” adjacent to the village of Round Top, in Fayette county. The consideration was $358.50, as follows: $50 cash, and the balance in instalments, the last of which fell due January 1, 1872. The bond called for a deed with warranty title. Miohaelis took immediate possession, and paid the purchase money as it…
1Opinion of the Court
West, Associate Justice.
The sixth and seventh paragraphs of the charge of the court are brought in question by the assignment of errors.
Tbe^ appellee, in his original petition, simply claimed briefly, in the most general terms almost that could be used, and as it were pro forma, a judgment for §1,000 in damages, by reason of the refusal of appellant to make him a deed in accordance with his bond, and also by reason of his having closed up the streets that by tfw same instrument the appellant had agreed might be kept open forever.
There was no pretense of proof offered on the trial to show any…
2Cases cited2 opinions
- Willis v. LewisTexas Supreme Court · 1866
- Chadwick v. MeredithTexas Supreme Court · 1874
3Cited by28 opinions
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- Houston & T. C. R'y Co. v. SchmidtTexas Supreme Court · 1884
- Galveston, Harrisburg & San Antonio Railway Co. v. DuelinTexas Supreme Court · 1894
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