San Antonio & Aransas Pass Railway Co. v. Gurley
Texas Supreme Court
Errob to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Gurley sued the railway company in the District Court to recover land by reason of noncompliance by defendant with the contract of purchase. Defendant, on complying, had judgment for the land, plaintiff recovering damages.
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Errob to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Gurley sued the railway company in the District Court to recover land by reason of noncompliance by defendant with the contract of purchase. Defendant, on complying, had judgment for the land, plaintiff recovering damages. On defendant’s appeal this judgment was affirmed, but, on crass assignment of error by Gurley, was reformed so as to make the vesting of title in the company conditional upon its payment of the damages. The railway company obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
E. J. Gurley instituted this suit to recover of the plaintiff in error certain lands described in the plaintiff’s petition, and, by amendment made more than four years after the institution of the original suit, claimed damages from the railway company on the failure to perform the contract entered into as a part of the consideration of the sale of the land by the plaintiff to it. Hpon the trial the court gave judgment for the plaintiff for $1200 damages, and for the defendant, the railway company, for the land in controversy. The Court of Civil Appeals affirmed the…
2Cases cited3 opinions
- Estes v. BrowningTexas Supreme Court · 1853
- White v. ColeTexas Supreme Court · 1895
- Helmke v. New Jersey & New York RailroadNew York Supreme Court · 1892
3Cited by12 opinions
- Imperial Sugar Co. v. CabellCourt of Appeals of Texas · 1915
- O'Neil v. Sun CompanyCourt of Appeals of Texas · 1909
- Stone v. RobinsonTexas Commission of Appeals · 1921
- Edsall v. EdsallCourt of Appeals of Texas · 1951
- Bunn v. City of LaredoCourt of Appeals of Texas · 1919
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