Watson v. Baker
Texas Supreme Court
Appeal from Hopkins. Tried below before Hon. S. B. Pounders, Special District Judge, in place of Hon. J. A. B. Putman. Appellant Watson sued appellee Baker in the district court of Hopkins county about August 10, 1885, to rescind a sale from Baker to Watson (made about December, 1884), of two thousand five hundred acres of land, two hundred head of cattle, one hundred head of hogs, seven horses and mules and a lot of farming tools, etc., and to recover four thousand dollars…
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Appeal from Hopkins. Tried below before Hon. S. B. Pounders, Special District Judge, in place of Hon. J. A. B. Putman. Appellant Watson sued appellee Baker in the district court of Hopkins county about August 10, 1885, to rescind a sale from Baker to Watson (made about December, 1884), of two thousand five hundred acres of land, two hundred head of cattle, one hundred head of hogs, seven horses and mules and a lot of farming tools, etc., and to recover four thousand dollars paid Baker; setting up fraud on Baker’s part as the ground for rescission. Baker answered, pleading to the jurisdiction…
1Opinion of the Court
Walker, Associate Justice.
This is an appeal from a. judgment for the purchase money of certain lands, and foreclosing the vendor’s lien upon them.
The main questions raised are (1), was the contract for the sale of the lands shown, and (2), whether the facts justified the enforcement of the contract of specific performance, or did Watson, the vendee, establish his defense of fraud or mutual mistake affecting any material part of the contract, if a contract existed.
The letter of November-, 1884, from Baker to Watson describes the land as “situated six miles northwest from Mount Vernon, Texas, *…
2Cases cited4 opinions
- Waring v. . AyresNew York Court of Appeals · 1869
- Johnson v. GrangerTexas Supreme Court · 1879
- Crutchfield v. DonathonTexas Supreme Court · 1878
- Peters v. PhillipsTexas Supreme Court · 1857
3Cited by60 opinions
- Wilson v. JonesTexas Commission of Appeals · 1932
- Osborne v. MooreTexas Supreme Court · 1923
- Culbertson v. BlanchardTexas Supreme Court · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. SettegastTexas Supreme Court · 1891
- Frazier v. LambertCourt of Appeals of Texas · 1909
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