Fulton v. Robinson

Citations

• 55 Tex. 401
• 1881 Tex. LEXIS 133

Syllabus

<p>1. Statute of frauds — Consideration. — The following receipt: “ Received of James Henderson three hundred dollars, in part payment of a certain tract of land, being my own headlight, lying on Rush creek, in the cross timbers, this 23d March, 1859.” (Signed) Israel Earles:” Held,</p> <p>(1) That it was a sufficient written memorandum of a contract for the sale of land, though in the form of a receipt.</p> <p>(2) To comply with the statute of frauds, the written memorandum of a contract for the sale of land should be so certain within itself, or by reference to other writings referred to, in regard to parties and subject matter, that specific performance may be enforced without a resort to parol testimony.</p> <p>(3) Under such a receipt the consideration may be proved by parol.</p>