4 Willson 516 | Tex. App. | 1892
Opinion by
§ 298. Title to land; suit held not to involve. Plaintiff alleges that on April 19, 1890, defendants sold to plaintiff for the sum of $400 certain lots of land in Dallas county, Texas; that at the time of said sale, and as part of same, defendants entered into a written contract with plaintiff, wherein they agreed within sixty days thereafter to sell said lots for plaintiff so as to net him the sum of $400 cash; and failing therein, that upon the re-conveyance to them of said lots they would pay to plaintiff the said sum of $400, and ten per cent, attorney’s fees in case of suit; and further alleging the breach of. said contract by defendants. Plaintiff also alleges that he had, in compliance with the terms of said contract, delivered to defendants his special warranty deed to the said lots, duly executed and acknowledged, and thereupon demanded of defendants the sum of $400, which defendants refused to pay, to plaintiff’s damage $500; and prayed for proper relief, and filed in said cause the said contract sued on, and his special warranty deed. Defendants answered by general demurrer and general denial; and, further answering, stated that they did sell lots to plaintiff for $400, and did execute said contract, as alleged, but that the consideration for the lots was not money, but a certain horse and buggy, which plaintiff valued at $400. That they had purchased said horse for use in the real-estate business, relying upon the false and fraudulent representations of plaintiff that “said horse was just what they desired and wanted, and in every way suited for the purpose for which these defendants
Reversed and remanded.