Edmondson v. Hart
Texas Supreme Court
Appeal from Walker. This was a suit upon a promissory note. The defense was failure of consideration. It appeared iu evidence that the note sued oil was given for the purchase-money of a tract of land bought by the defendants ad an administration sale by the plaintiff.
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Appeal from Walker. This was a suit upon a promissory note. The defense was failure of consideration. It appeared iu evidence that the note sued oil was given for the purchase-money of a tract of land bought by the defendants ad an administration sale by the plaintiff. A map was exhibited at the sale on which the laud sold was delineated, and it was estimated to contain about 722 acres; but purchasers were apprised that it had not been surveyed, and that the exact quantity was unknown. It was bid off by the defendants at forty cents per acre. There was excepted out of the tract a smaller…
1Opinion of the CourtWheeler, J.
The only error assigned which requires notice is the refusal of the court to give the instructions aslced by the defendants. And in this wo are of opinion there was no error. Tlie instruction asked the court to assume facts not in evidence. There was no certain evidence of the relative value of tlie laud sold by the plaintiff and that previously sold by the intestate. Tlie fact that the former did not command as high a price at the administrator’s sale as the latter had been sold for by the intestate, o.r as it was estimated to be worth by a witness, was too uncertain a criterion of the…
2Cited by4 opinions
- Oury v. SaundersTexas Supreme Court · 1890
- Turney v. WilliamsTexas Supreme Court · 1876
- Akin v. HornCourt of Appeals of Texas · 1883
- Roehl v. PleasantsTexas Supreme Court · 1868