Hertzberg v. Beisenbach
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Gr. H. Noonan. This suit was brought by appellant to recover $2,000 damages, alleging that on the 28th day of July, 1882, appellant and appellee entered into a written agreement, whereby appellee for a valuable consideration agreed and bound herself to give appellant possession on March 1, 1883, of certain premises situated in the city of San Antonio, Bexar county, Texas, under a lease for the term of five years thereafter.
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Appeal from Bexar. Tried below before the Hon. Gr. H. Noonan. This suit was brought by appellant to recover $2,000 damages, alleging that on the 28th day of July, 1882, appellant and appellee entered into a written agreement, whereby appellee for a valuable consideration agreed and bound herself to give appellant possession on March 1, 1883, of certain premises situated in the city of San Antonio, Bexar county, Texas, under a lease for the term of five years thereafter. That appellee failed and refused to deliver unto appellant the possession on March 1, 1883, and continued in default until…
1Opinion of the Court
Delany, J. Com. App.
The second and third assignments of error will be considered together. The second assignment does not present with perfect accuracy the findings of the court. The findings were as follows: “ The court finds that plaintiff, after the expiration of one year, took possession of the leased premises under a proffer made by the defendant that he, the plaintiff, could occupy five years from that date at the same rent stipulated in the first instance. The court, therefore, is of opinion that the plaintiff, acquiescing in the proffer so made, and taking possession of the place and…
2Cases cited2 opinions
- King v. ReynoldsSupreme Court of Alabama · 1880
- Hays v. PorterTexas Supreme Court · 1863
3Cited by10 opinions
- Sloan v. . HartSupreme Court of North Carolina · 1909
- Herpolsheimer v. ChristopherNebraska Supreme Court · 1906
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Fabrique, Inc. v. Corman, Texas Court of Appeals, 5th District (Dallas)1990
- Hannan v. DuschSupreme Court of Virginia · 1930
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