Athans v. Rossi

McDONALD, Chief Justice.

On December 9, 1949, Wilbur Blanton and Floreen Blanton entered into a written agreement to sell to Rene G. Rossi and J. H. Paine the stock and fixtures of a small cafe in Fort Worth. The purchase price was $5,000, $1,000 of which was paid at the time the contract was signed, and the remainder of which was to be paid in monthly installments of $150 each. The contract provided that the property in question should be free and clear of all indebtedness.

Blanton had previously purchased the property from James Athans, and still owed Athans $2,700 on the purchase price,…