Gober v. Hart

Citations

• 36 Tex. 139

Syllabus

<p>1. In an executory contract, neither party can enforce performance by the other, without showing that he has performed his part of the contract, or is ready and able to do so. «</p> <p>2. In a suit by a vendor of real estate for the purchase-money thereof, he should show that he either has made the conveyance in full compliance with the terms of the sale, or is ready, willing,, and able to do so, on the payment of the purchase-money.</p> <p>3. It is not necessary that a purchaser of land by an executory contract should be evicted from the premises before he can resist payment of the purchase-money, provided he can show that there is a superior outstanding title that might at any time be asserted.</p> <p>4. To enable a purchaser of land by an executory contract, to resist payment of the purchase-money on account of failure of title, it is not necessary for him to prove that his vendor is insolvent; nor is it necessary that he should offer to restore possession of the premises, when he does not ask a rescission of the contract.</p>