Legal Opinion

Good v. Smith

Court of Appeals of Texas

Decided October 22, 1914No. 326Published

Appeal from District Court, Midland County ; S. J. Isaacks, Judge. Action by J. P. Smith against E. C. Good. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtHiggins, J.

Smith sued Good, in substance alleging that he entered into a contract with Good whereby the latter agreed to convey and deliver to him a half interest in a ranch, together with certain horses, mules, and cattle thereon ranging, in consideration whereof he paid Good $5,000 cash and agreed to pay $20,000 more; that Good represented said property to be unincumber-ed, save as to 150 calves, 50 horses, and 4 mules, upon which there was a mortgage for $3,110 in favor of the Midland National Bank; that he (plaintiff) insisted that a sufficient amount of the cash payment should be applied to the…

2Cases cited6 opinions

  1. Ablowich v. Greenville Natl. Bank.Texas Supreme Court · 1902
  2. Oury v. SaundersTexas Supreme Court · 1890
  3. Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
  4. Park v. Kribs, ReceiverCourt of Appeals of Texas · 1900
  5. Young v. Pecos CountyCourt of Appeals of Texas · 1907

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