Williams v. Talbot
Texas Supreme Court
Appeal from De Witt. This was a proceeding commenced in the County Court on the 24th day of November, 1854, under Article 1162 of Hartley’s Digest, against the appellant as administrator of John York, for a specific performance of the following contract: REPUBLIC OF TEXAS, dent citizen of this County and Republic, am held and firmly bound unto Thomas Talbot and Hall Talbot jointly or severally, in the penal sum of twenty-two hundred dollars, well and truly to be paid to them…
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Appeal from De Witt. This was a proceeding commenced in the County Court on the 24th day of November, 1854, under Article 1162 of Hartley’s Digest, against the appellant as administrator of John York, for a specific performance of the following contract: REPUBLIC OF TEXAS, dent citizen of this County and Republic, am held and firmly bound unto Thomas Talbot and Hall Talbot jointly or severally, in the penal sum of twenty-two hundred dollars, well and truly to be paid to them or assigns. Condition :—Whereas I have this day received from Thomas and Hall Talbot eleven County of Austin. hundered…
1Opinion of the CourtWheeler, J.
There was, it is true, a great lapse of time after the making of the contract, and its maturity according to its terms, before the bringing of this suit to enforce its performance. The petition, however, sufficiently explains the delay ; and, as there is no statement of facts, we must presume, in favor of the judgment, its averments were supported by evidence.
The bund is, substantially, a contract for the conveyance of land. In such cases “ Courts of Equity look to the substance “ of the transaction, and the primary object of the parties ; “ and where that requires a specific performance,…
2Cited by6 opinions
- Moss & Raley v. WrenTexas Supreme Court · 1909
- Heath v. HuffhinesCourt of Appeals of Texas · 1912
- Texlouana Producing & Refining Co. v. WallTexas Commission of Appeals · 1924
- McKin v. WilliamsTexas Supreme Court · 1877
- Wall v. Texlouana Producing & Refining Co.Court of Appeals of Texas · 1922
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