Hough v. Johnson

HUGHES, Justice.

Judy Johnson, individually and as trustee under a land sale contract executed by her as purchaser and J. T. Hough and wife, Lucille Hough, as sellers, sued sellers for specific performance of such contract. The case was not tried upon its merits but judgment was rendered for plaintiff under Rule 215a(c), Texas Rules of Civil Procedure, for failure of Mr. and Mrs. Hough to appear in obedience to subpoenas about three hours after service had been obtained for the purpose of giving oral depositions for plaintiff.

We hold, under the circumstances of this case, that the Trial Judge…