Cebell v. Hauser

SMITH, Chief Justice.

On August 21, 1929, R. E. Horn sold 110 acres of land in Hidalgo county to R. A. Cebell, for $325 per acre, or a total of $37,500. Of this amount, $11,000 was for an existing debt against the land, which Cebell assumed, and- $20,000 was in cash, which Cebell paid. The balance, after judgment of the matter of interest, turned out to be $3,837.64. The payment of this balance was withheld, pending performance of Horn’s obligation, assumed in the transaction, to plant 60 acres of the land in citrus fruit.

In performance of that obligation Horn purchased the necessary trees…