Legal Opinion

Smalley v. Vogt

Court of Appeals of Texas

Decided April 1, 1914No. 5251PublishedCited by 22 opinions

Appeal from District Court, Calhoun County ; John M. Green Judge. Action by F. J. Smalley against Gus Vogt. From a judgment dismissing the cause, plaintiff appeals.

1Opinion of the Court

Appellant sued to recover of appellee the sum of $1,200, alleged to be due by reason of a deficit of 80 acres of land in a tract sold by appellee to him. He alleged that it was represented to him by appellee that the tract contained 624 acres of land, but that appellant refused to accept the tract as containing that number of acres unless appellee had the same surveyed, and appellee secured the services of the county surveyor, and, after the same had been surveyed, both appellee and the surveyor represented to appellant that the tract contained 624 acres of land, and he paid for the same at…

2Cases cited5 opinions

  1. Houston Oil Co. of Texas v. KimballTexas Supreme Court · 1910
  2. Western Union Telegraph Co. v. HudsonTexas Supreme Court · 1910
  3. Isaacks v. WrightCourt of Appeals of Texas · 1908
  4. Harlingen Land & Water Co. v. Houston Motor Co.Court of Appeals of Texas · 1913
  5. Peden Iron & Steel Co. v. JaimesCourt of Appeals of Texas · 1913

3Cited by22 opinions

  1. Ruebeck v. HuntTexas Supreme Court · 1943
  2. Briggs v. RodriguezCourt of Appeals of Texas · 1951
  3. Swearingen v. SwearingenCourt of Appeals of Texas · 1917
  4. Modine Manufacturing Company v. CarlockSupreme Court of Missouri · 1974
  5. Gulf Production Co. v. PalmerCourt of Appeals of Texas · 1921

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