Dittoe v. Jones

HALL, Justice.

This is an appeal from the granting of a peremptory instruction to the jury by a district court of Wichita County, Texas, against appellants herein, to-wit: Mrs. H. V. Dittoe, a widow; M. J. Dittoe; A. X. Dittoe; and J. B. Dittoe; and in favor of appellee, H. D. Jones.

The cause of action was brought by ap-pellee against appellants for specific performance of a written contract for the sale of land executed by appellants to appellee. Appellants refused to convey on grounds that it was understood between appellants and appellee that said sale would not be consummated unless all…