Little v. Allen
Texas Supreme Court
Error from Houston. Tried below before the Hon. J. R. Kennard. Suit by defendant in error against plaintiff in error, February 11, 1881, for the specific performance of the following contract, or in. the alternative for judgment for the amount specified therein ($300), and interest, with foreclosure of vendor’s lien: “April 14, 1880. This is to make known that I have this day agreed to pay Nunn & Williams, in compromise settlement for M. A. E. Allen’s interest to one-half…
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Error from Houston. Tried below before the Hon. J. R. Kennard. Suit by defendant in error against plaintiff in error, February 11, 1881, for the specific performance of the following contract, or in. the alternative for judgment for the amount specified therein ($300), and interest, with foreclosure of vendor’s lien: “April 14, 1880. This is to make known that I have this day agreed to pay Nunn & Williams, in compromise settlement for M. A. E. Allen’s interest to one-half undivided interest in and to the Welsh league, or so much thereof as I have on said league, to wit, three hundred acres,…
1Opinion of the Court
Stanton, Associate Justice.
Under the first assignment of error it is claimed that the deed tendered to Thomas Little by Mrs. Allen was a mere quit-claim, and therefore not such a deed as was contemplated by the agreement of 14th of April, 1880. No other objection is urged to the deed.
The agreement does not in express terms provide that a deed should be. made by Mrs. Allen for her interest in the three hundred acres of land therein named, in the event that the §300 was paid by Thomas Little; and the object and purpose of the parties in reference to quieting the title of Little, in so far as…
2Cases cited2 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Peck v. HensleyTexas Supreme Court · 1858
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- J. Kahn & Co., Inc. v. Clark, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1949
- McGary v. CampbellCourt of Appeals of Texas · 1922
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