Montgomery v. Browder

ON MOTION FOR REHEARING

In their motion for rehearing, appellants cite Leder v. Stout, 278 S.W.2d 546 (Tex.Civ.App.—Amarillo 1954, writ ref'd) for the general rule that an unqualified agreement to perform a certain act includes the performance of those things which will enable or permit one to fulfill the obligation. Id. at 548. Appellants then contend the record demonstrates a means by which Mullan could have performed her promise. They argue that to make an effective transfer of the remaindermen’s interests, thereby fulfilling her obligation under the contract, Mullan should have “acquired…