Spencer v. Davis

As assignee of one Van Auken, appellant instituted this suit in the district court of Jefferson county, Tex., against J. O. Davis and his wife, Rozina P. Davis, residents of California, to recover $42,000, which he alleged was the difference between the price at which J. O. Davis contracted to sell certain lands to Van Auken and the market value of said lands at the time Davis breached the contract and refused to deliver title. To give jurisdiction to the local court, appellant attached the lands covered by the contract. Davis and wife answered by plea of abatement, general and special…