Legal Opinion

Vogt v. Smalley

Texas Commission of Appeals

Decided April 2, 1919No. 45-2707PublishedCited by 16 opinions

Error to Court of Civil Appeals of Fourth Supreme Judicial District. Suit by F. J. Smalley against Gus Vogt. There was a judgment of the Court of Civil Appeals (166 S. W. 1), reversing a judgment in favor of defendant, and defendant brings error.

1Opinion of the CourtSadder, J.

For convenience the parties will be designated as in the trial court.

Plaintiff, F. J. Smalley, sued in the district court to recover from defendant, Vogt, damages on account of a shortage in the number of acres of land which he had'purchased from defendant. The petition alleges: That in 1906 plaintiff purchased 624 acres of land from defendant, paying therefor $9,000. That the land was purchased by the acre at $15 an acre for 600 acres, 24 acres being thrown in as an inducement to the trade. That by reason of fraud on the part of the defendant, and a surveyor who acted for defendant, the…

2Cases cited2 opinions

  1. George v. HesseTexas Supreme Court · 1906
  2. Smalley v. VogtCourt of Appeals of Texas · 1914

3Cited by16 opinions

  1. Ruebeck v. HuntTexas Supreme Court · 1943
  2. Briley v. HayCourt of Appeals of Texas · 1929
  3. Gillespie v. GrayCourt of Appeals of Texas · 1921
  4. Ray v. BarringtonCourt of Appeals of Texas · 1927
  5. Carver v. MooreCourt of Appeals of Texas · 1925

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