Botello v. Misener-Collins Company

REAVLEY, Justice.

The actionability of an alleged agreement for the sale of land from Misener-Collins Company, Ltd. to L. P. Botello is involved here. Misener sought to remove a cloud on the title to the land, and Bo-tello by cross action sought specific performance or, in the alternative, damages for breach of contract. The trial court granted a summary judgment for Misener, holding there to be no actionable contract, and this was affirmed by the court of civil appeals. 462 S.W.2d 100. We affirm.

There is a written “sale contract” in the record dated June 25, 1968, which is signed by Botello…