Taylor v. Rowland
Texas Supreme Court
Error from Dallas. Tried below before the Hon. N.' M. Burford. This was a suit brought by Rowland, the defendant in error, against Pleasant Taylor and the heirs of William Taylor, deceased, for the specific performance of a parol agreement for the conveyance of land.
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Error from Dallas. Tried below before the Hon. N.' M. Burford. This was a suit brought by Rowland, the defendant in error, against Pleasant Taylor and the heirs of William Taylor, deceased, for the specific performance of a parol agreement for the conveyance of land. The petition was filed June 24th, 1858, and set forth a verbal agreement entered into in May or June, 1854, by which Pleasant and William Taylor, representing themselves as the owners of a tract of land in Dallas county, comprising a good mill seat, induced the plaintiff to erect a mill thereon, and engaged, in consideration of…
1Opinion of the CourtWheeler, C. J.
On the authority of repeated decisions of this court, we think it must be held that the plaintiff was entitled to maintain his action for specific performance of the contract of the defendants to convey to him the land in question. (15 Tex. R., 50; 11 Tex. R., 87; 8 Id., 126.) And when it was shown that the defendants had not the ability to make title according to their agreement, it was indisputably the plaintiff’s right to receive compensation in damages for the injury they had caused him to sustain by their failure to fulfill their undertaking.
The only ground of defence to the action taken…
2Cited by21 opinions
- Wallis, Landes & Co. v. StuartTexas Supreme Court · 1899
- Bailey v. Texas Indemnity Ins. Co.Texas Commission of Appeals · 1929
- Ponce v. McWhorterTexas Supreme Court · 1879
- Robinson v. DavenportTexas Supreme Court · 1874
- Bering Mfg. Co. v. W. T. Carter & Bro.Texas Commission of Appeals · 1925
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