Lovejoy v. Roberts
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. Hardin Hart. The present is the third appearance of this cause in the Supreme Court. The former appeals are reported in 25 Texas Supplement, and 28 Texas.
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Appeal from Collin. Tried below before the Hon. Hardin Hart. The present is the third appearance of this cause in the Supreme Court. The former appeals are reported in 25 Texas Supplement, and 28 Texas. The judgment mow appealed from was rendered in the District Court -of Collin county, at its September term, 1868. This third appeal came to trial in the Supreme Court in April, 1871, and in the first of the opinions now reported the judgment was then reversed and the cause remanded. A rehearing, however, was granted ■on the application of the appellees; and in April, 1872, the second and more…
1Opinion of the CourtWalker, J.
The facts of this case, as we find them correctly stated in the brief filed by appellant, are as follows: In 1849, William Davis made and delivered to Edward Roberts a title bond for the land in controversy, covenanting for a deed whenever a patent issued. Shortly afterwards, Roberts sold the land by a verbal contract to Lovejoy, and Lovejoy paid a part of the purchase money. Afterwards, Roberts sued Lovejoy for the unpaid balance of the purchase money.
Lovejoy defended the action on the statute of frauds, and set up fraud and misrepresentation in the sale. At *611the trial of the cause, which was…
2Cases cited2 opinions
- Estes v. BrowningTexas Supreme Court · 1853
- Roberts v. LovejoyTexas Supreme Court · 1866
3Cited by4 opinions
- Bourland v. HuffhinesCourt of Appeals of Texas · 1922
- Payne v. BeaumontCourt of Appeals of Texas · 1922
- Crossland v. HartCourt of Appeals of Texas · 1921
- Kaliski v. GrayCourt of Appeals of Texas · 1930