Houston v. Burke

STAKELY, Justice.

This is an appeal from a judgment for the plaintiff Granville Burke (appellee) in a statutory action in the nature of ejectment against the defendant Adell Houston (appellant). The complaint is in code form and the case was tried under the general issue and resulted in a verdict for the plaintiff. At the conclusion of the evidence the court gave the general affirmative charge with hypothesis for the plaintiff. The following salient facts appear to be undisputed.

On July 1, 1933 the plaintiff Granville Burke made a written contract with Dora McGovern to purchase from Dora…