Taylor v. Hill
Court of Appeals of Texas
Error from District Court, McLennan County; Tom L. McCullough, Judge. Action by Hood Hill against W. E. Taylor and another. Judgment for plaintiff, and defendant Taylor brings error.
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Error from District Court, McLennan County; Tom L. McCullough, Judge. Action by Hood Hill against W. E. Taylor and another. Judgment for plaintiff, and defendant Taylor brings error. Prior to the 17th of September, 1913, W. E. Taylor, plaintiff in error, sold to H. K. Brown ai tract of land in Coryell county supposed to contain 191 acres, for which Brown agreed to pay him $11,500 $8,000 of which was to be in cash, the balance in a note for $3,500. Thereafter, and before a deed was executed in accordance therewith, Brown sold said land to Hood Hill, who agreed to pay him therefor the sum of…
1Opinion of the CourtRice, J.
(after stating the facts as above). [1] Plaintiff in error requested and the court refused to instruct the jury to return a verdict for the defendants. This is assigned as error, on the ground that no recovery of damages can be had for misrepresentations when they are not shown to have amounted to actual fraud, but, in the absence of such showing, the complaining party is limited to an action for rescission. We differ with plaintiff in error in this view of the law, because we regard it as immaterial whether or not the misrepresentations were willfully made where the land is sold by the acre,…
2Cases cited10 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Wheeler v. BoydTexas Supreme Court · 1887
- O'Connell v. DukeTexas Supreme Court · 1867
- Cabaness v. HollandCourt of Appeals of Texas · 1898
- Moore v. HazelwoodTexas Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Taylor v. HillTexas Commission of Appeals · 1920
- Clement v. Producers' Refining Co.Court of Appeals of Texas · 1925
- Fidelity & Casualty Co. of New York v. McLaughlinCourt of Appeals of Texas · 1937
- Bartlett v. JamesSupreme Court of Oklahoma · 1928
- Hume v. CarpenterCourt of Appeals of Texas · 1916