Legal Opinion · Dissent

Broaddus v. Grout

Texas Supreme Court

Decided May 13, 1953No. A-3979Published

1DissentJustice Wilson

I respectfully dissent first for the reason that neither the parol evidence rule nor the Statute of Frauds have any applica*404tion in this case; second, for the reason that the majority opinion does not distinguish between “identifying” land in an instrument and “locating” land on the ground; and, third, for the reason that this deed falls within Art. 1292, R.C.S. 1925.

The parol evidence rule bars evidentiary matter offered to vary or contradict the terms of a writing or to add to it when the writing is the complete repository of the agreement. Here the alleged deficiency in the deed is the…

2Cases cited23 opinions

  1. Wilson v. FisherTexas Supreme Court · 1945
  2. Smith Et Ux. v. SorelleTexas Supreme Court · 1935
  3. Hermann v. LikensTexas Supreme Court · 1897
  4. Sanderson v. SandersonTexas Supreme Court · 1937
  5. Miller v. HodgesTexas Commission of Appeals · 1924

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