Taylor v. Ashley
Texas Supreme Court
Appeal from Bell. Suit by the appellee against appellant, for specific performance of a parol contract for the sale of one hundred acres out of a survey of seven hundred and thirty-five, part of the. beadright of William Eroquier, on the Leon River. The plaintiff had paid the purchase money, $62 50, the contract being in 1847, and had, taken possession and made improvements.
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Appeal from Bell. Suit by the appellee against appellant, for specific performance of a parol contract for the sale of one hundred acres out of a survey of seven hundred and thirty-five, part of the. beadright of William Eroquier, on the Leon River. The plaintiff had paid the purchase money, $62 50, the contract being in 1847, and had, taken possession and made improvements. After the suit was commenced, there was a partition of the tract between the defendant and another tenant in common with her, the division line of which partition ran through about the middle of the hundred acres, which…
1Opinion of the CourtWheeler, J.
The question to be determined upon this appeal is, whether the verdict and judgment thereon are warranted by the evidence.
The answer admits the making of a parol contract, between the plaintiff and defendant, for the sale of one hundred acres of land, as alleged; but denies that the plaintiff has performed his part of the agreement, and insists that the contract is not binding, because not in writing, as required by the Statute of *52Frauds. The proof, however, is full and satisfactory, not only to the fact of the making of such a contract, but that, in pursuance thereof, the plaintiff went into…
2Cited by9 opinions
- Price v. LloydUtah Supreme Court · 1906
- Cox v. BrayTexas Supreme Court · 1866
- Houston & T. C. R'y Co. v. SchmidtTexas Supreme Court · 1884
- Wilson v. BeatyCourt of Appeals of Texas · 1919
- Polk v. KyserCourt of Appeals of Texas · 1899
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