Botello v. Misener-Collins Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, where there was no evidence of an agreement concerning terms of payment of remaining $195,000 of $200,000 purchase price, or how payment terms could be determined, summary judgment denying specific performance and damages for breach of contract was proper
• holding that, where there was no evidence of an agreement concerning terms of payment of remaining $195,000 of $200,000 purchase price, or how payment terms could be determined, summary judgment denying specific performance and damages for breach of contract was proper
• in a case within the statute of frauds, an oral agreement as to the price and terms of payment may be proved even if the memorandum says nothing of these matters
• purchase of land agreement was subject to statute of frauds; also, parties agreed $5,000 of $200,000 purchase price was to be paid in cash without agreeing as to time or manner of payment of remaining $195,000

Source: CourtListener parenthetical corpus (CC0).

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

• Cohen v. McCutchin
  Texas Supreme Court· 1978-04-26· cited 152×
• Campbell v. Northwestern National Life Insurance Co.
  Texas Supreme Court· 1978-10-04· cited 98×
• Estate of Griffin v. Sumner
  Court of Appeals of Texas· 1980-06-18· cited 59×
• Preload Technology, Inc. v. A.B. & J. Construction Company, Inc.
  Fifth Circuit· 1983-01-27· cited 53×
• Yazdani-Beioky v. Sharifan
  Court of Appeals of Texas· 2018-05-03· cited 36×
• Conner v. Lavaca Hospital District
  Fifth Circuit· 2001-10-04· cited 31×
• Robert E. Horner v. Richard L. Bourland and Barbara Jane Bourland
  Fifth Circuit· 1984-02-13· cited 28×
• Bocchi Americas Associates, Inc. v. Commerce Fresh Marketing, Inc.
  Fifth Circuit· 2008-01-23· cited 27×
• Richman Trusts v. Kutner
  Court of Appeals of Texas· 1973-12-27· cited 25×
• Catex Vitol Gas, Inc. v. Wolfe
  First Circuit· 1999-06-04· cited 13×
• Olson v. Bayland Publishing, Inc.
  Tex. App. Ct., 1st Dist. (Houston)· 1989-11-02· cited 11×
• Moore v. Mohon
  Court of Appeals of Texas· 1974-09-19· cited 10×
• Phillips v. Campbell
  Court of Appeals of Texas· 1972-04-12· cited 10×
• Terrazas v. Sullivan
  Court of Appeals of Texas· 1971-07-21· cited 5×
• Frobese v. Anderson
  Court of Appeals of Texas· 1972-11-07· cited 4×
• Harlingen Home Health Agency, Inc. v. Diemer
  Court of Appeals of Texas· 1972-07-05· cited 1×
• First National Bank, Perryton v. McClung
  Court of Appeals of Texas· 1972-07-31· cited 1×
• Campbell v. Northwestern National Life Insurance Co.
  Court of Appeals of Texas· 1977-12-22· cited 1×
• Millennium Properties & Development, Inc. D/B/A Millennium Home Builders v. Dyana M. Lee
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2003-02-20
• Frost National Bank v. L&F Distributors, Ltd.
  Tex. App. Ct., 13th Dist.· 2003-06-26