15 Tex. 50 | Tex. | 1855
The question to be determined upon this appeal is, whether the verdict and judgment thereon are warranted by the evidence.
The answer admits the making of a parol contract, between the plaintiff and defendant, for the sale of one hundred acres of land, as alleged; but denies that the plaintiff has performed his part of the agreement, and insists that the contract is not binding, because not in writing, as required by the Statute of
The controversy was as to the terms of the contract, respecting the description of the land, or the form in which .it should be set apart to the plaintiff. There appears to have been a prefectly good understanding between the parties, for a considerable time after the making of the contract, and until the plaintiff proposed to have the land surveyed and set apart to Mm. Both resided and had made improvements upon the tract out of which it was to be taken; and when they met, by appointment, to have the plaintiff’s land set apart to him, he insisted on a different beginning point from that admitted by the defendant; and also upon having the land surveyed in a square form, so as to give a larger front on the river ; and also upon running the lines of the survey in such a manner as to include the defendant’s improvements. To this the defendant objected, and insisted that the point of beginning was to be at a certain spring on the river mentioned by the witnesses, and that the lines were to run so as to include the spring, and at the same time so as to give the plaintiff only the usual front on the river, and not to include the defendant’s improvements. The plaintiff would not consent to this, but declared his determination to run the lines as he pleased ; whereupon the defendant gave him notice, that if he did run the lines as he proposed she would not make him a title to the land. Such was the com -
These general principles may suffice for the direction of the parties in the future conduct of the cause; and to the end that the truth and right of the case may be attained, the judgment is reversed and the cause remanded.
Reversed and remanded.