Weil v. Martinez
Court of Appeals of Texas
When a finding of fact by a trial court is attacked by an assignment of error on the ground that it is without evidence to support it, the appellant must show or allege in the statement of the evidence under such assignment that the evidence therein set forth is all the evidence bearing on the fact; otherwise the assignment will be overruled. 4. —Contract of Sale—Possession of Land—Rent.
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When a finding of fact by a trial court is attacked by an assignment of error on the ground that it is without evidence to support it, the appellant must show or allege in the statement of the evidence under such assignment that the evidence therein set forth is all the evidence bearing on the fact; otherwise the assignment will be overruled. 4. —Contract of Sale—Possession of Land—Rent. Where, by the terms of a contract for the sale of certain lands, the vendee is allowed the option to reject portions of the land if the title thereto did not prove satisfactory to him, and the vendee took…
1Opinion of the Court
REESE, Associate Justice.
Rosendo Martinez and others instituted this suit against Charles Weil for the recovery of certain lands embraced in a deed from plaintiffs to defendant and a contract contemporaneous therewith expressly retaining a lien on said lands until the purchase money was paid, and cancellation of said deed as to the land embraced in the petition, for rents, damages, etc. There was an alternative prayer for judgment for the purchase money in the event plaintiffs were held not entitled to recover the land. The suit was instituted in 1902.
The material averments of the petition…
2Cases cited2 opinions
- Gonzales College v. McHughTexas Supreme Court · 1858
- Eberling v. VereinTexas Supreme Court · 1888
3Cited by4 opinions
- Hulme v. Levis-Zuloski Mercantile Co.Court of Appeals of Texas · 1912
- Bute v. WilliamsCourt of Appeals of Texas · 1913
- McCall Co. v. ElliottCourt of Appeals of Texas · 1913
- Bray v. BoylesCourt of Appeals of Texas · 1921