Clem v. Evans

It is not necessary to here repeat the statement of this ease made by the Court of Civil Appeals in its opinion affirming the judgment of the district court. 286 S. W. 273.

By his suit the defendant in error seeks to cancel a contract entered into by him with plaintiff in error subrogating vendor’s lien on land held by him to a mechanic’s lien held by plaintiff in error. His cause of action is based upon an alleged false promise under article 4004, Revised Civil Statutes 1925, which is as follows:

“Actionable fraud iri this state with regard to transactions-in real estate or in stock in…