Cardenas v. Varner

Opinion

BRIAN QUINN, Chief Justice.

Jack and Joyce Varner sued Jose and Gloria Cardenas to recover upon a promissory note and foreclose upon a vendor’s lien securing payment of the note. The Cardenas executed the note as partial payment for ranch land bought from the Var-ners. When the Cardenas discovered, after closing of the sale, that the acreage was less than that represented by the Var-ners, they refused to pay the outstanding note balance. This precipitated the aforementioned suit. In response, the Cardenas counterclaimed for breach of the sales con tract and warranties, asserting that…