Erwin v. Daniels

GILL, Associate Justice.

This suit was brought in the form of an action of trespass to try title by G. A. Erwin against the appellee, Wesley Daniels, its purpose being to rescind an executory contract of sale and recover possession of the land.

Appellee answered averring the contract of purchase, tendered the balance of the purchase money, pleaded waiver and estoppel as to the right to rescind, and prayed for specific performance.

A trial by jury resulted in a verdict and judgment for appellant for the balance of the purchase money and for the appellee for the land. Erwin has appealed and urges…