Franco-Texan Land Co. v. Simpson

TARLTON, Chief Justice.

This suit was brought in the District Court of Parker County by appellant, against appellee, to recover the sum of $90.27, amount of a promissory note, with interest, and to foreclose the vendor’s lien on certain land described in the petition. The defendant relied as a special defense upon a partial failure of consideration arising out of the deficiency in the quantity of land. The court tried the case without a jury and rendered judgment for the defendant; hence this appeal.

1. November 18,1881, the Franco-Texan Land Company by deed conveyed to defendant the land on…