Coddington v. Wells

Citations

• 59 Tex. 49
• 1883 Tex. LEXIS 103

Syllabus

<p>1. Estoppel — Equity—Rescission of contract for sale of land.— On a contract for the purchase of land a partial payment was made and two notes executed, one for §4,000 and the other for §10,000. A deed was made which retained a lien to secure the payment of the notes, and which declared that upon full payment of the notes, with interest, the deed should become absolute. Suit was brought on the note for §10,000, which matured last, and for foreclosure of the lien, on which judgment was rendered, from which an appeal was taken. That judgment was inventoried as part of the estate of the deceased judgment creditor. In a suit afterwards brought by the heirs of the vendor against the vendees of the purchaser, to recover the land because of the alleged non-payment of the §10,000 note, held,</p> <p>(1) There being no offer to restore the money paid on the contract for sale, and the vendor having in his life-time elected to affirm the contract for the sale by seeking a specific performance, the suit could not be maintained.</p> <p>(2) The plaintiff should have offered to do equity by tendering back the money already received on the contract.</p> <p>(3) Thomas v. Beaton, 25 Tex. Sup., 318, and Roeder v. Robson, 20 Tex., 754, approved, and distinguished from Harris v. Catlin, 53 Tex., 1, and Jackson v. Palmer, 52 Tex., 428.</p>