Edwards v. Norton
Texas Supreme Court
Appeal from Wood. Tried below before the Hon. Z. Norton. July 19, 1875, Horton brought suit against Edwards for specific performance of an alleged parol sale of a town lot in Mineola.
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Appeal from Wood. Tried below before the Hon. Z. Norton. July 19, 1875, Horton brought suit against Edwards for specific performance of an alleged parol sale of a town lot in Mineola. The petition sets out, substantially, that in July, 1873, plaintiff and defendant made a contract, whereby defendant agreed to purchase lot No. 11, in block No. 3, in Mineola, of the H. & G. N. R. R. Co., (which owned the lot and held it at $160,) for plaintiff at $160, and ten per cent, interest, to be paid in sixty days, and to make to plaintiff a good title; that defendant did buy the lot, and took title in…
1Opinion of the Court
Moore, Associate Justice.
It is an elementary rule, that courts of equity will not enforce specific performance of a contract, unless its terms have been definitely understood and agreed upon by the parties, and clearly established by the evidence; and especially so, where the court is asked to decree specific performance of a parol contract for the sale of land, upon the ground of part performance. Neither must there have been an unreasonable delay in appealing to the court for its aid. If there has been laches, or a manifestation of indifference on the part of the plaintiff as to the…
2Cases cited1 opinion
- Mabry v. BirgeTexas Supreme Court · 1875
3Cited by6 opinions
- Francis v. ThomasTexas Supreme Court · 1937
- Edwards v. NortonTexas Supreme Court · 1881
- Snover v. JonesCourt of Appeals of Texas · 1915
- National Resort Communities, Inc. v. CainCourt of Appeals of Texas · 1972
- Carleton-Ferguson Dry Goods Co. v. McFarlandCourt of Appeals of Texas · 1920
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