Legal Opinion · Dissent

Hall v. Hard

Texas Supreme Court

Decided February 17, 1960No. A-7117Published

1DissentJustice Smith

The trial court erroneously entered a judgment non obstante veredicto in favor of the defendant, Hall. The majority so holds in that it agrees that the evidence raised a fact issue as to whether the oral contract between Hall and Hard involved the sale of real estate. Since I am not in accord with the statement of the case as set out in the majority opinion, and since I do not agree with Hall that as a matter of law the evidence shows that real estate was included, I have chosen to set out below evidence which in my opinion raises such fact issue.

It is my position that a general remand to the…

2Cases cited10 opinions

  1. Wichita Falls & Oklahoma Railway Co. v. PepperTexas Supreme Court · 1940
  2. McAfee v. Travis Gas Corp.Texas Supreme Court · 1941
  3. Associated Oil Co. v. HartTexas Commission of Appeals · 1925
  4. Burton Construction & Shipbuilding Co. v. BroussardTexas Supreme Court · 1954
  5. Hicks v. MatthewsTexas Supreme Court · 1954

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