Longinotti v. McShane
Court of Appeals of Texas
Appeal from District Court, Bowie County; H. F. O’Neal, Judge. Action by Louis Longinotti against John P. McShane. Judgment for defendant, and plaintiff appeals. The action is by appellant to recover of appellee damages for alleged- breach of a contract to sell appellant a certain lot in the city of Texarkana for $17,500 cash. The ap-pellee urged, among other things, the statute of frauds, requiring the agreement, or some memorandum, to be in writing.
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Appeal from District Court, Bowie County; H. F. O’Neal, Judge. Action by Louis Longinotti against John P. McShane. Judgment for defendant, and plaintiff appeals. The action is by appellant to recover of appellee damages for alleged- breach of a contract to sell appellant a certain lot in the city of Texarkana for $17,500 cash. The ap-pellee urged, among other things, the statute of frauds, requiring the agreement, or some memorandum, to be in writing. At the conclusion of all the evidence the court peremptorily instructed the jury to find a verdict in favor of the appellee. Appellant seeks…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The first' assignment of error urges that there were issues of fact that should have been submitted to the jury for decision, and that the court erred in giving a peremptory instruction against plaintiff.
[1] It has been decided that the agreement or memoranda required by our statute to prevent frauds (article 3965) need not be contained in one instrument, but may take the form of telegrams if they, read as one, present a concluded contract. Duble v. Batts & Dean, 38 Tex. 313; Railway Co. v. Settegast, 79 Tex. 256, 15 S. W. 228; Bailey v. Railway Co., 17…
2Cases cited4 opinions
- Ryan v. United StatesSupreme Court of the United States · 1890
- Gulf, Colorado & Santa Fe Railway Co. v. SettegastTexas Supreme Court · 1891
- Bailey v. Railroad Co.Supreme Court of the United States · 1873
- McCown v. WheelerTexas Supreme Court · 1857
3Cited by7 opinions
- Houston County v. Leo L. Landauer & Associates, Inc.Court of Appeals of Texas · 1968
- Callahan v. WalshCourt of Appeals of Texas · 1932
- McElroy v. DancigerCourt of Appeals of Texas · 1922
- Honaker v. Guffey Petroleum Co.Court of Appeals of Texas · 1927
- Alexander v. MurrayCourt of Appeals of Texas · 1966
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