City of Laredo v. Russell
Texas Supreme Court
Appeal from Webb. Tried below before the Hon. J. C. Russell. Suit by William H. Russell against the city of Laredo for the alleged breach, by the defendant, of its contract with him to obtain from the state a patent for certain lands possessed by said city, and known as the ejidos of said city.
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Appeal from Webb. Tried below before the Hon. J. C. Russell. Suit by William H. Russell against the city of Laredo for the alleged breach, by the defendant, of its contract with him to obtain from the state a patent for certain lands possessed by said city, and known as the ejidos of said city. The petition alleged that the lands had not been patented to the city by the state, and that said corporation, being desirous to obtain a patent for the same, the common council of the city did' at a regular meeting in the year 1875, in the month of July or August, pass an ordinance by competent vote,…
1Opinion of the Court
Walker, P. J. Com. App.
This ground of error is well taken and must cause a reversal of the judgment. Under any supposable alternative the discrepancy between the judgment rendered and the cause of action relied upon by the facts and allegations of the plaintiff’s petition is palpable, and must be conclusive of this appeal. If the plaintiff’s petition be considered one seeking a specific performance of the contract, the judgment, being one rendered for damages, is materially variant from such a basis laid for its rendition. On the other hand, if the prayer of the plaintiff’s petition be…
2Cases cited9 opinions
- Hall v. JacksonTexas Supreme Court · 1848
- Salinas v. WrightTexas Supreme Court · 1854
- Denison v. LeagueTexas Supreme Court · 1856
- Paul v. PerezTexas Supreme Court · 1851
- Neill v. NewtonTexas Supreme Court · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hollywood v. WellhausenCourt of Appeals of Texas · 1902
- Mulkey v. AllenTexas Commission of Appeals · 1931
- Meyers v. WoodTexas Supreme Court · 1901
- Holsomback v. TaylorCourt of Appeals of Texas · 1933
- Clayton v. StateCourt of Criminal Appeals of Texas · 1915
4 more not listed; retrieve them via the Exa API.