Legal Opinion

Hays v. Bonner

Texas Supreme Court

Decided July 1, 1855PublishedCited by 8 opinions

Appeal from Smith. Action by a vendor, Hays, against his vendee, Bonner, to recover the land, on the ground that the latter refused to pay the purchase money.

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Appeal from Smith. Action by a vendor, Hays, against his vendee, Bonner, to recover the land, on the ground that the latter refused to pay the purchase money. Hays had given Bonner a bond for title in which he “ agreed to sell unto said “ Bonner or his assigns, a certain tract of land, to wit: the north “half of survey No. 614, &c. secured to R. G. Saunders [see “ patent and record in County Surveyor’s office in Smith county,”] in consideration of receiving from Bonner three several promissory notes, and further agreed, upon the full payment of said notes, “ to make, or cause to be made to…

1Opinion of the CourtWheeler, J.

We are of opinion that the Court did not -err, in overruling the exceptions to the answer. The answer avers that .the plaintiff represented that he had a good title to the land, which he contracted to convey, and that confiding in this representation of the plaintiff, the defendant purchased, &g. The exception is that the answer does not state, with *631sufficient specialty, wherein the fraud consisted. But it does state that it consisted in representing that the plaintiff had a good title, when, in truth, he had not the title, &c. The answer contained substantially a good defence to the action.…

2Cited by8 opinions

  1. Parker v. NaylorCourt of Appeals of Texas · 1912
  2. McIntyre v. DeLongTexas Supreme Court · 1888
  3. Old Nat. Life Ins. Co. v. BibbsCourt of Appeals of Texas · 1944
  4. Worley v. SmithCourt of Appeals of Texas · 1901
  5. Estell v. ColeTexas Supreme Court · 1879

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