Patton v. Rucker
Texas Supreme Court
Appeal from Brazoria. The case was tried before Hon. George W. Smith, one of the district judges. Hapoleon B. Rucker was the owner of two hundred and fourteen and one-third acres of land, which Charles Patton and John Jones wished to purchase, because it adjoined the plantation of Jones. They proposed to purchase it, and to give the acceptance of Hash, Barstow & Co., at ninety days, for $450, for the land.
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Appeal from Brazoria. The case was tried before Hon. George W. Smith, one of the district judges. Hapoleon B. Rucker was the owner of two hundred and fourteen and one-third acres of land, which Charles Patton and John Jones wished to purchase, because it adjoined the plantation of Jones. They proposed to purchase it, and to give the acceptance of Hash, Barstow & Co., at ninety days, for $450, for the land. Rucker, learning this by a letter from Hash, wrote Hash a letter, in which he agreed to these terms, and instructed Hash to carry out the trade. This was on the 7th December, 1857. The next…
1Opinion of the CourtCoke, J.
In this case the jury was instructed by the
court, that the plaintiffs having failed to show by'written' evidence any contract of purchase, and having failed to show themselves entitled to a decree on account of a verbal purchase, they must find for the defendant. This instruction is assigned as error. "We are of opinion that the assignment is well taken. While it is prohibited to the court to charge or comment upon the weight of the evidence, it is proper and legitimate, where there is no evidence upon a given issue, so to instruct the jury. Whether there is any evidence, is a question for…
2Cases cited10 opinions
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