Reynolds v. Johnston
Texas Supreme Court
Error from Bastrop. This suit was brought by the defendant in error against the plaintiff in error. The object of the suit was to obtain the specific performance of a parol sale of a lot of ground in the town of Bastrop.
Read the full summary
Error from Bastrop. This suit was brought by the defendant in error against the plaintiff in error. The object of the suit was to obtain the specific performance of a parol sale of a lot of ground in the town of Bastrop. The plaintiff in his petition alleged that at the instance of the defendant, Reynolds, he purchased of said defendant a lot of ground in Bastrop, at the price of two hundred dollars ; and that the said defendant induced him to go into the possession of the said lot, and to make large improvements thereon, and urged him to make still much larger, and that he had made…
1Opinion of the CourtLipscomb, J.
But for the singular error in rendering a moneyed judgment upon the verdict of the jury, we should have regarded the point reserved by the bill of exceptions, as to deducting the rents from the improvements, as entirely irrelevant to the question of fact before the jury.
Row, the only legitimate object of the proof of the improvements made upon the lot by the petitioner, was to establish his equitable right to a specific performance of the contract, and not to ascertain the amount of a moneyed judgment. Specific *216performance was all that could be awarded under his petition, and he had no right…
2Cited by2 opinions
- Cox v. BrayTexas Supreme Court · 1866
- Combest v. GlennCourt of Appeals of Texas · 1911