Hild v. Linne

Citations

• 45 Tex. 476

Syllabus

<p>1. Specific performance — Limitation.—A bond was executed December, 1856, for title, to be made on the payment of the balance of the purchase-money; suit was brought by the holder of the bond September 1, 1870, against the vendor and a purchaser with notice, to enforce specific performance, the plaintiff offering to pay the balance of the purchase-money and interest due: Held, That such demand was not stale nor barred by limitation.</p> <p>2. Same.- — Where time is not of the essence of a contract for the sale of land, mere delay in the payment of the purchase-money will not annul the contract, and the vendor, without demand and notice, cannot repudiate the contract or dispossess the vendee.</p>