Crutchfield v. Donathon

Citations

• 49 Tex. 691

Syllabus

<p>Suit was instituted upon a promissory note, on its face purporting to be in consideration of “ one-half of a certain town lot in the town of Jacksboro, in lot number 4 in block number 3.” Plaintiff in the petition tendered a deed for the east half, for which- half it was alleged the note was given. Defendant pleaded that there was no written memorandum of the alleged sale of tlie lot, and that the note was without consideration. On the trial, plaintiff (over objection) testified that the east half of the lot was sold by him to defendant, and that witness had always been ready to make a deed therefor. Judgment was rendered for the amount of the note, <fcc.: Held—</p> <p>1. The agreement or memorandum of sale of land required by the statute of frauds need not be signed by both parties, but only by him who is to be charged by it.</p> <p>2. Where the action is brought on a promissory note given by a vendee, although it may not be such a memorandum as satisfies the statute of frauds, the maker cannot avoid the note which he has given because he has omitted to bind the vendor. .</p> <p>3. The cause of action in this case being a promissory note reciting its consideration, and as the action is brought upon the note, and not upon the contract of sale, it is no valid defense to plead that the sale of the lot was not evidenced in writing.</p>