Anonymous
Published: 2013-09
Total Pages: 382
Get eBook
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... v. Hays, 3-1 Texas, 262; Cross v. Everts, 28 Texas, 534; Allison v. Shilling, 27 Texas, 450; Brewer v. Wall, 23 Texas, 585; Marler v. Handy, 88 Texas, 421; Stallings v. Hullum, 35 S. W. Rep., 4; Wolf Co. v. Galbraith, Culp di Giddings and Davis & Garnett, for appellee.--The land which was the subject of the contract being the homestead, and the contract not having been signed by the wife, the contract was not binding on her, and the husband can not be held liable in damages on account of her refusal to sign the deed. Berlin v. Burns, 17 Texas, 532. CONN ER, CHIEF JUs'1'IcE.--On the 7th day of October, 1904, Frank Popp, appellee, contracted in writing with appellant for the sale of 231 acres of land in Cooke County for the sum of $9,240, of which $100 was paid by the appellant at the time; $500 was to be paid within two weeks from the date of the contract, at which time appellee was to execute a good warranty deed to appellant, who was then to procure the balance of the purchase money, $6,000, by a farm loan. The full purchase price, $9,240, was to be paid on or before January 1, 1905, and appellee was to deliver possession on the 1st day of January following. 200 acres of the land mentioned constituted the homestead of appellee and his wife. The wife at the time of the execution of the contract consented thereto, but subsequently both appellee and his wife declined to execute deed as agreed upon. This suit was therefore instituted to recover the sum of $2,310 damages because of the breach of the contract. The verdict and judgment was in accordance with the following peremptory charge of the court, to which error is assigned, viz.: "You are instructed to find for plaintiff $100, the amount tendered by defendant to...