Wells v. Barnett
Texas Supreme Court
Appeal from Walker. This suit was brought by the appellee against the appellants to enforce the specific performance of a contract for the sale of a mill and lands. The plaintiff, Barnett, made the purchase of Jackson Wells, and took liis bond to make title, on payment of the pnrchase-money, for which he gave his notes.
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Appeal from Walker. This suit was brought by the appellee against the appellants to enforce the specific performance of a contract for the sale of a mill and lands. The plaintiff, Barnett, made the purchase of Jackson Wells, and took liis bond to make title, on payment of the pnrchase-money, for which he gave his notes. The plaintiff alleged that John Wells, the father of Jackson, acquiesced in the sale, and acted as the agent of the latter in receiving payment of the purchase-money; that the title was in John Wells; that lie had paid the purchase-money, and that the defendants refused to…
1Opinion of the CourtWheeler, J.
The grounds relied on in'argument for the reversal of the judgment bring in question, 1st, the sufficiency of the verdict; 2d, the sufficiency of the evidence; and, 3d, the instructions to the jury.
The verdict is, in effect, a general verdict for the plaintiff, on the issues respecting his right to a specific performance of the contract of sale; and it necessarily includes the decision of every material fact well pleaded touching his right to that relief. The verdict is informal; but the form of the verdict is not material. If it be intelligible and sensible, and finds substantially the…
2Cited by14 opinions
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- Flanagan v. PearsonTexas Supreme Court · 1884
- Burnham, Hanna, Munger & Co. v. Logan, Evans & SmithTexas Supreme Court · 1895
- Gulf, C. & S. F. Ry. Co. v. BakerCourt of Appeals of Texas · 1919
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