28 Tex. 641 | Tex. | 1866
—This cause was before this court on appeal by Edward Roberts, now deceased, and was reversed on the 3d day of January, 1861. (25 Tex. Supp., 437.)
It was there held, that a court of equity will not decree a specific performance of a contract in favor of a party who refuses performance of his agreement in whole or in part. Erom the evidence in this case, it appears that more than seventeen years since the plaintiff’s intestate, Edward Roberts, assigned to the defendant in error a bond on William Davis, for the land in controversy, which bond stipulates that Davis should make title to the land as soon as a patent should be obtained from the government. It appears that there remained of the consideration agreed to be given for this land by appellee, on the 1st of January, 1850, the sum of $84 25; that the said Edward Roberts endeavored to collect the money of the appellee by suit before a justice of the peace; that the appellee made a successful defence to the suit, and the said Edward
If the defendant in error must sustain an injury, it is properly chargeable to his own acts in refusing to abide by and peform his contract.
The judgment is reversed, and the cause
Remanded.