Doggett v. Patterson
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Nat. M. Burford. Suit by appellant against appellee. Petition filed July 1, 1856, as follows : Tour petitioner, Philo A. J.Doggett, who resides in thecounty of Kauffman and State of Texas, respectfully represents that heretofore, to-wit: on the 6th day of June, 1856, he contracted with James M. Patterson, who resides in the county of Dallas and State of Texas for a certain carriage and two brown horses; that at the time of…
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Appeal from Dallas. Tried below before the Hon. Nat. M. Burford. Suit by appellant against appellee. Petition filed July 1, 1856, as follows : Tour petitioner, Philo A. J.Doggett, who resides in thecounty of Kauffman and State of Texas, respectfully represents that heretofore, to-wit: on the 6th day of June, 1856, he contracted with James M. Patterson, who resides in the county of Dallas and State of Texas for a certain carriage and two brown horses; that at the time of making said contract your petitioner was the owner and in possession of two promissory notes executed to your petitioner by…
1Opinion of the CourtWheeler, J.
The only exception taken to the petition, which is deemed to require notice, is, that the contract sued on is a contract for the sale of lands ; and that it is not averred to be, and is not, in writing, and is therefore void under the Statute of Frauds. It does not appear, by the petition, that the contract is not in writing ; and if it were a contract for the sale of lands, it was not necessary to allege thafritwas in writing. (James v. Fulcrod, 5 Tex. R. 512.) That would be matter of proof. But it was not a contract for the sale of lands. The land had been sold by the plaintiff prior to the…
2Cited by9 opinions
- Gohlman v. GriffithTexas Commission of Appeals · 1922
- Gonzales v. ChartierTexas Supreme Court · 1885
- Tinsley v. PennimanCourt of Appeals of Texas · 1894
- New York & Texas Land Co. v. DooleyCourt of Appeals of Texas · 1903
- Richerson v. MoodyCourt of Appeals of Texas · 1897
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