Clem v. Fulghum

W. W. Fulghum sued O. E. Clem to rescind the sale of a parcel of land in the city of Dallas, to cancel a note for §2,300, given as part of the consideration, to recover §200 paid on the trade, and to recover certain damages alleged to have arisen from special circumstances surrounding the contract.

The case has been twice tried and twice appealed; on the first trial judgment was rendered for plaintiff on an instructed verdict and was affirmed by the Amarillo Court of Civil Appeals [see Clem v. Fulgham, 4 S. W.(2d) 2S0], but was reversed and remanded by the Supreme Court on writ of error, as…