Thouvenin v. Lea
Texas Supreme Court
Appeal from Tyler. Tried below before the Hon. James M., Maxey. This was a suit brought by F. M. Lea, the appellee, against A. Thouvenin, the appellant, to recover pay for improvements. • F. M. Lea claimed pay for improvements under a parol contract between Thouvenin and D. D. Lea.. By this contract, made in 1851, Thouvenin agreed to sell a tract of land containing some three hundred and twenty acres at one dollar and fifty cents per acre, on a credit of five years.
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Appeal from Tyler. Tried below before the Hon. James M., Maxey. This was a suit brought by F. M. Lea, the appellee, against A. Thouvenin, the appellant, to recover pay for improvements. • F. M. Lea claimed pay for improvements under a parol contract between Thouvenin and D. D. Lea.. By this contract, made in 1851, Thouvenin agreed to sell a tract of land containing some three hundred and twenty acres at one dollar and fifty cents per acre, on a credit of five years. D. D. Lea agreed ±o go into possession, improve the property and have a survey made. Thouvenin further agreed that if D. D. Lea…
1Opinion of the CourtMoore, J.
There was no error of which appellant can complain in the ruling of the court upon his general demurrer. The demurrer should no doubt have been overruled. That it was not, caused no injury to appellant. The allegations of the petition were sufficient to show that the plaintiff was entitled to the relief asked by him with reference to which the petition was sustained. If a prayer for relief to which the plaintiff is not entitled was also embodied in his petition, the opposite party cannot complain that it has been at his instance stricken out by the court. If there was any doubt as to the…
2Cases cited5 opinions
- Saunders v. WilsonTexas Supreme Court · 1857
- Patrick v. RoachTexas Supreme Court · 1858
- Russell v. SladeSupreme Court of Connecticut · 1838
- Lower v. WintersNew York Supreme Court · 1827
- Smith v. BradleyConnecticut Superior Court · 1790
3Cited by61 opinions
- East Line & Red River Railroad v. ScottTexas Supreme Court · 1888
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Thomas v. HammondTexas Supreme Court · 1877
- Pope v. Kansas City, Mexico & Orient Railway Co.Texas Supreme Court · 1918
- W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
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