Johnson v. Granger

Citations

• 51 Tex. 42

Syllabus

<p>1. Statute of frauds—Memorandum.—Under the statute of frauds, the memorandum of the sale of lands should be so reasonably definite and certain within itself, or by other writing referred to, that the contract can be made out as to parties, consideratioá, and subject-matter without resort to parol evidence.</p> <p>2. Same.—A memorandum as follows is insufficient: “Beaumont, December 22, 1860. ¡Received of Cave Johnson three hundred dollars on town lot. Signed, Joseph P. Pulsifer.”</p> <p>3. ¡Rescission.—See facts held insufficient to authorize a rescission of a contract for the sale of lands and to recover moneys paid thereon.</p> <p>4. Charge to jury.—Failure to instruct the jury upon issues made by the pleadings and evidence is technical error, but it will not require reversal unless the party complaining asked proper instructions at the time to supply such deficiency.</p>