Heirs of Roberts v. Lovejoy

Citations

• 60 Tex. 253
• 1883 Tex. LEXIS 314

Syllabus

<p>1. Vendor and vendee.—If the vendor of land, after default made in payment of purchase money, elects to sue for the purchase money instead of disaffirming the contract of sale, he thereby affirms the contract of sale as still in force; the result of the suit is to determine the amount of unpaid purchase money, and the judgment rendered is res adjudicata as to the right of parties or privies to disaffirm the contract and all other questions involved in the contract of sale. This rule applies to judgments rendered for unpaid purchase money by justices of the peace. I</p> <p>2. Same.— The purchaser of land under an executory contract is entitled to have the same specifically performed, as far as the vendor can perform, and to have an abatement out of the purchase money, or compensation for any deficiency in the title, quantity, quality, description, or other matters touching the estate. See statement and opinion for a case to which it was held this doctrine applied.</p>