Legal Opinion

Beauchamp v. Zellmer

Texas Commission of Appeals

Decided March 1, 1922No. 289-3545PublishedCited by 2 opinions

Error to Court of Civil Appeals of Fourth Supreme Judicial District. Suit by J. R. Beauchamp and others against C. J. Zellmer and others. From a judgment of the Court of Civil Appeals (227 5. W. 965), affirming a judgment of the district court for defendants, plaintiffs bring error.

1Opinion of the CourtRandolph, J.

C. J. Zellmer, the owner of certain town lots in the city of San Antonio, on the 20th day of January, 1913, entered into a contract for a sale of the lots to B. L. Herring. The consideration recited in the contract was $450 cash, the assumption by Herring of a payment of a note for $1,000 held by the State Bank & Trust Company of San Antonio, and certain other notes held by Herring which were to be transferred to Zellmer.

By deed dated the 1st of February, 1913, Zellmer conveyed the lots to Herring, and the consideration stated in the deed was identical with that in the contract, with the…

2Cases cited5 opinions

  1. Wilson v. DentonTexas Supreme Court · 1891
  2. Smith v. CooleyCourt of Appeals of Texas · 1914
  3. Southern Commercial & Savings Bank v. CombsCourt of Appeals of Texas · 1918
  4. Beauchamp v. ZellmerCourt of Appeals of Texas · 1920
  5. Eaton v. McKownSupreme Judicial Court of Maine · 1852

3Cited by2 opinions

  1. Beeler v. TerrellCourt of Appeals of Texas · 1922
  2. Bain v. HuselbyCourt of Appeals of Texas · 1926

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