Gantt v. McClellan

This is an appeal from a judgment granting a rescission of an executory contract of sale of real estate, upon a failure to pay the vendor’s lien note given as a part of the purchase price of the lands so sold.

On March 3,1921, appellee, F. S. McClellan, filed his suit against appellant, W. B. Gantt, in the district court of Lee county, Tex., to recover on a note for the sum of $28,856.55, said note bearing date of February 10, 1920, executed by appellant, and payable to ap-pellee, at Giddings, Lee county, Tex.; and, further, for the foreclosure of his vendor’s lien on certain lands and gravel…