Atwood v. Fagan
Court of Appeals of Texas
Appeal from Potter County Court; W. M. Jeter, Judge. Action by W. S. Atwood against S. T. Fagan and others. From a judgment in favor of defendants, plaintiff appeals.
1Opinion of the Court
DUNKLIN, J. W. S.
Atwood and S. T. Fagan entered into a written contract by the terms of which the former agreed to sell and the latter agreed to buy two lots in the city of Amarillo. The consideration for the property named in the contract was $10,-000 and at the time it was executed Fagan deposited with the First National Bank of Amarillo $400 as . a guaranty that he would perform the obligations imposed upon him by the terms of the contract. There was a fur- tlier stipulation in the contract that in the event Fagan should not consummate the purchase, then Atwood should receive the $400 “as…
2Cases cited5 opinions
- Eakin v. ScottTexas Supreme Court · 1888
- Collier v. BettertonTexas Supreme Court · 1895
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Schmeltz v. GareyTexas Supreme Court · 1878
- Neblett v. McGraw & BrewerCourt of Appeals of Texas · 1905
3Cited by7 opinions
- Zucht v. Stewart Title Guaranty Co.Court of Appeals of Texas · 1947
- Dixie Oil Co. v. McBurnettTexas Commission of Appeals · 1928
- Giles v. Union Land Co.Court of Appeals of Texas · 1917
- Nelson v. RichardsonCourt of Appeals of Texas · 1927
- People's State Bank of Tyler v. Monsey Oil Co.Texas Commission of Appeals · 1928
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