Ore City Co. v. Rogers
Court of Appeals of Texas
Appeal from District Court, Gregg County; W. C. Buford, Judge. Suit by the Ore City Company against J. O. Rogers, in which defendant pleaded in re-convention. From judgment for defendant, plaintiff appeals. The appellant, a town-site corporation, brought the suit to recover of appellee on his two notes executed in part payment of the purchase price of two lots in the town of Ore City, and to have decreed foreclosure of the vendor’s lien expressly retained on said lots.
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Appeal from District Court, Gregg County; W. C. Buford, Judge. Suit by the Ore City Company against J. O. Rogers, in which defendant pleaded in re-convention. From judgment for defendant, plaintiff appeals. The appellant, a town-site corporation, brought the suit to recover of appellee on his two notes executed in part payment of the purchase price of two lots in the town of Ore City, and to have decreed foreclosure of the vendor’s lien expressly retained on said lots. Appellee, besides his answer, pleaded in re-convention against appellant, seeking to have decreed rescission of the contract…
1Opinion of the CourtLevy, J.
(after stating the facts as above). Appellant by its assignments makes the point that the appellee may not predicate, as a matter of law, any right to rescind the transaction and recover the amount paid by him on the purchase price of the lots upon the facts found by the court. Looking to the precise facts found by the court, the selling agent of the appellant town-site company exhibited to appellee, with the view of inducing him to purchase lots in the town site, a blueprint or plat of the newly laid out town of Ore City, which blueprint or plat exhibited and showed the survey subdivided…
2Cases cited6 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Buchanan v. Burnett and WifeTexas Supreme Court · 1909
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Henderson v. RailroadTexas Supreme Court · 1856
- Jackson v. StockbridgeTexas Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turcotte v. TrevinoCourt of Appeals of Texas · 1976
- Sam P. McCullough, Inc. v. DoggettSupreme Court of Oklahoma · 1936
- Guaranty Mortgage Co. v. FlintUtah Supreme Court · 1925
- Coffield v. CoxCourt of Appeals of Texas · 1942
- Haskin v. GlaserOregon Supreme Court · 1931
1 more not listed; retrieve them via the Exa API.