Clay v. Hart

Citations

• 49 Tex. 433

Syllabus

<p>Vendor and Vendee—Rescission—Interest.—0 brought an action of trespass to try title against H. In defense, he alleged and proved a purchase from C’s testator of the land, a title bond therefor, and purchase-money notes forming the contract, part payment of one of tlie notes and of taxes by H. Judgment was rendered for plaintiff for the land, and for defendant for the part payment made by him, and interest from its payment, and for taxes paid by him on the laud, and rescinding the contract of sale: Held, Error—</p> <p>T. In allowing interest upon the amount of purchase-money recovered.</p> <p>2. In rendering a judgment rescinding the sale, there being no ground for such relief alleged or proven.</p> <p>3. The fact that the vendor treats a contract for sale of land as forfeited by the vendee on failure to pay the purchase-money, is not of itself ground for rescission on the part of the vendee.</p> <p>4. Where the vendor brings trespass to try title for the land, thus ignoring his contract to sell, the defendant cannot obtain a decree for rescission of the contract and adjusting equities between the parties, without alleging a valid ground for rescission of such contract.</p>