Harris v. Potts

DIES, Chief Justice.

Appellant, Jimmy D. Harris, sued Milton T. Potts, Armand C. Ellzey and Ruth Ell-zey, appellees, to recover 22.2 percent interest in 33.75 acres of land in San Jacinto County. He contends that on or about May 13, 1962, appellees orally agreed to sell him the undivided interest. At the conclusions of plaintiff’s (appellant’s) evidence, the court granted appellees an instructed verdict, from which Harris perfects this appeal.

In reviewing an instructed verdict, we view all of the evidence in the light most favorable to appellant and give him the benefit of all legitimate…