O'Connell v. Duke
Texas Supreme Court
Appeal from Matagorda. The case was tried before Hon. George W. Smith, one of the district judges. The appellee brought suit in the district court to rescind a sale of a tract of land made by him to the appellant, on the ground that a mistake had been made at the time of the conveyance as to the quantity contained in the tract, and that the defendant had procured a second conveyance by fraudulent misrepresentations and concealment.
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Appeal from Matagorda. The case was tried before Hon. George W. Smith, one of the district judges. The appellee brought suit in the district court to rescind a sale of a tract of land made by him to the appellant, on the ground that a mistake had been made at the time of the conveyance as to the quantity contained in the tract, and that the defendant had procured a second conveyance by fraudulent misrepresentations and concealment. The defendant demurred to the petition, and also answered by a full narrative of the history of the transaction. As the facts appeared upon the trial of the cause,…
1Opinion of the CourtCoke, J.
The question in this case is, whether the appellee, Duke, who had sold the appellant, O’Connell, a tract of land containing in its boundaries a surplus, can recover such surplus, or compensation for it in money? It is unnecessary to consider the various assignments of error in detail, because this one question embraces substantially all the points made in them.
“ It is well settled, as a general rule, that where parties have contracted in ignorance or mistake of a fact material and essential in the inducement to and formation of the contract, which mistake injuriously affects the rights and…
2Cases cited3 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Harrison v. TalbotCourt of Appeals of Kentucky · 1834
- Walton v. BeauregardSupreme Court of Louisiana · 1842
3Cited by37 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Culbertson v. BlanchardTexas Supreme Court · 1891
- Kendall v. WellsSupreme Court of Georgia · 1906
- Wheeler v. BoydTexas Supreme Court · 1887
- Daughtrey v. KnolleTexas Supreme Court · 1876
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