Durham v. Breathwit
Court of Appeals of Texas
Appeal from the District Court of Palo Pinto County. Tried below before Hon. J. H. Arnold, Presiding Judge on exchange.
1Opinion of the Court
DUNKLIN, Associate Justice.
J. L. Breathwit recovered judgment for two acres of land against S. C. S. Durham, who has prosecuted this appeal. Originally the suit was in the form of trespass to try title, but by amendment was changed to one for specific performance of a contract to convey the property. The contract pleaded was in writing and signed by defendant Durham and W. B. McCall. It obligated Durham to convey the property to McCall and to procure a release of certain outstanding vendor’s lien notes against the property in favor of Henry A. Lynn, or to furnish satisfactory evidence that…
2Cases cited4 opinions
- Spann v. SternsTexas Supreme Court · 1857
- Martin Brown Co. v. PerrillTexas Supreme Court · 1890
- Hamilton v. RiceTexas Supreme Court · 1855
- Ward v. WorshamTexas Supreme Court · 1890
3Cited by6 opinions
- Groves v. WhittenbergCourt of Appeals of Texas · 1914
- Tyrrell-Combest Realty Co. v. MullenCourt of Appeals of Texas · 1925
- Paul v. Stanolind Oil & Gas Co.Court of Appeals of Texas · 1935
- Delavan v. HymelCourt of Appeals of Texas · 1969
- Groves v. WhittenbergCourt of Appeals of Texas · 1914
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