Ottenhouse v. Burleson's Adm'rs
Texas Supreme Court
Appeal from Hays. This suit was brought for the specific performance of a verbal contract for the sale of land. The plaintiff, in his petition and amendments, alleged, that, in 18íS, he purchased by verbal contract, from Edward Burleson, fifty acres of land, (the land was described in the petition,) for one hundred dollars; that he paid the said consideration money, and was put into possession of the land by the said Burleson; and that he had put thereon valuable…
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Appeal from Hays. This suit was brought for the specific performance of a verbal contract for the sale of land. The plaintiff, in his petition and amendments, alleged, that, in 18íS, he purchased by verbal contract, from Edward Burleson, fifty acres of land, (the land was described in the petition,) for one hundred dollars; that he paid the said consideration money, and was put into possession of the land by the said Burleson; and that he had put thereon valuable improvements of the value of five hundred dollars, and cultivated a part of the land, on the faith of the said contract; and that…
1Opinion of the CourtLipscomb, J.
The facts set out in the plaintiff’s petition, if true, give him a clear equitable right to a specific performance, and present much such a case as that of Dugan’s heirs v. Colville’s heirs, 8 Tex. R. 126. We have been at a loss to know upon what ground the Court below rested its opinion, in sustaining the demurrer. It may have been, to the parties made defendants, or that others, the heirs, should have been parties; but then, an objection to parties ought to show who the parties should have been. It is very clear, that, if the demurrer rested upon the fact of the contract of sale being…
2Cited by9 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Ponce v. McWhorterTexas Supreme Court · 1879
- Lawson v. KelleyTexas Supreme Court · 1891
- Maloy v. WagnerTexas Supreme Court · 1949
- Cheatwood v. De Los SantosCourt of Appeals of Texas · 1978
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