Allcorn v. Butler
Texas Supreme Court
Error from Washington. This suit was brought by the, defendant in error against the plaintiffs in error, Alleorn and Chi-isinan, for the. specific performance of a contract to convey land evidenced by a bond for tide made1 by Alleorn in favor of Butler, in September, 1839. Alleorn bad purchased the land of Chrisman, who still retained the legal title.
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Error from Washington. This suit was brought by the, defendant in error against the plaintiffs in error, Alleorn and Chi-isinan, for the. specific performance of a contract to convey land evidenced by a bond for tide made1 by Alleorn in favor of Butler, in September, 1839. Alleorn bad purchased the land of Chrisman, who still retained the legal title. The plaintiff offered in e-vidence a letter from Chrisman to Butler, dated in March, 1843, iuformiug Butler when he expected to be able to malee, title, to which the defendant objected, but the court overruled the objection. The defendant…
1Opinion of the Court
Wheeler, J.-
It does not appear on what ground the objection to tlie ad-rnissibiiiiy in evidence of Chrisniau’s letter was founded. It certainly was proper to make him a party to tlie suit; and his letter t:o Butler was as certainly admissible in evidence as conducing to prove that he had contracted to convey hut. had not conveyed to Allcorn the legal title, to the land in question.
The only question in the case deserving- of notice is whether the defence of a failure of consideration was made out in evidence; and we arc of opinion that it. wn- not. The defendant Allcorn received the…
2Cited by4 opinions
- Hill v. CunninghamTexas Supreme Court · 1860
- Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
- Hall v. Gunter & GunterSupreme Court of Alabama · 1908
- Snow v. BeardOregon Supreme Court · 1917