Legal Opinion

Middleton v. Moore

Court of Appeals of Texas

Decided November 24, 1926No. 2734PublishedCited by 13 opinions

1Opinion of the CourtRandolph, J.

This suit was filed by ap-pellee as plaintiff against appellant as defendant ; the First National Bank of Lubbock being made a party defendant also as stakeholder.

Plaintiff’s petition contains two “counts”; the first count being an action for specific performance, the second an action for the recovery of $500 named in the written contract between the parties as liquidated damages.

Defendant Middleton answered by general demurrer to the whole of plaintiff’s petition; a general demurrer to the first count thereof; special exception, which in effect is a general exception that the first count…

2Cases cited24 opinions

  1. Eakin v. ScottTexas Supreme Court · 1888
  2. Nixon v. New York Life Insurance Co.Texas Supreme Court · 1906
  3. Durst v. SwiftTexas Supreme Court · 1854
  4. Camden Fire Ins. Co. v. YarbroughTexas Commission of Appeals · 1919
  5. Nixon v. New York Life Insurance Co.Texas Supreme Court · 1907

19 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Dillard Homes, Inc. v. CarrollDistrict Court of Appeal of Florida · 1963
  2. Blair v. BirdCourt of Appeals of Texas · 1929
  3. Rabinowitz v. DarnallTexas Commission of Appeals · 1929
  4. Monarch Tile Sales v. Frost National Bank of San AntonioCourt of Appeals of Texas · 1973
  5. Willie v. WaggonerCourt of Appeals of Texas · 1944

8 more not listed; retrieve them via the Exa API.

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