Legal Opinion

Freshwater v. Hoyt

Texas Commission of Appeals

Decided March 12, 1924No. 505-3928PublishedCited by 12 opinions

Error to Court of Civil Appeals of Second Supreme Judicial District. Action by the Eirst National Bank of Chester, W. Va., against E. C. Hoyt and another, who prayed that. Phillip Freshwater be made a party defendant, and for rescission of the contract, pursuant to which the notes sued on were given, and for other relief. After Freshwater answered, the actipn continued as one between him and the original defendants only.

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Error to Court of Civil Appeals of Second Supreme Judicial District. Action by the Eirst National Bank of Chester, W. Va., against E. C. Hoyt and another, who prayed that. Phillip Freshwater be made a party defendant, and for rescission of the contract, pursuant to which the notes sued on were given, and for other relief. After Freshwater answered, the actipn continued as one between him and the original defendants only. Judgment for Freshwater was reversed by the Court of Civil Appeals (247 S. W. 637), and he brings error.

1Opinion of the CourtBishop, J.

Plaintiff in error, Philip Freshwater, and defendants in error E. O. Hoyt and A. J. Bellport, Jr., on October 24, 1919, entered into a written contract, whereby it was agreed that said Freshwater make an assignment to said Hoyt and Bellport of an oil and gas lease permit to lot No. 8 and the W. ½ of lot No. 9 in block 1 of H. C. Poe third subdivision in Wichita county, and place same in escrow in the City National Bank of Wichita Falls, Tex., and to be delivered to Hoyt and Bellport upon the payment in full for said property of $230,000 as follows: $10,000 in cash, $10,000 within 30 days, and…

2Cases cited8 opinions

  1. Buchanan v. Burnett and WifeTexas Supreme Court · 1909
  2. Labbe v. CorbettTexas Supreme Court · 1888
  3. Cresap v. ManorTexas Supreme Court · 1885
  4. Loper v. RobinsonTexas Supreme Court · 1881
  5. Moore v. BeaklexTexas Commission of Appeals · 1919

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Al Parker Securities Co. v. OwenTexas Commission of Appeals · 1928
  2. Drummond v. BensonCourt of Appeals of Texas · 1939
  3. Gardner v. DorseyCourt of Appeals of Texas · 1925
  4. Tips v. BarneburgCourt of Appeals of Texas · 1928
  5. Commercial Credit Equipment Corp. v. ElliottCourt of Appeals of Texas · 1967

7 more not listed; retrieve them via the Exa API.

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