Ponce v. McWhorter

Citations

• 50 Tex. 562

Syllabus

<p>1. Receipt—Parol Rescission oe sale op land.—A receipt executed by the vendee acknowledging the receipt of a sum of money in full of sums by him laid out for payment of surveying fees, &c., which in the deed to the land formed the consideration of the sale, is not evidence, of itself, of a resale or rescission of the contract of sale, but it is admissible with other testimony to sustain a parol resale or rescission.</p> <p>2. Practice—Erroneous rulings upon immaterial issues.— That exceptions to defective pleas were not sustained, is not error, where the court on the trial took no notice of such pleas in submitting the case to the jury.</p> <p>3. Parol rescission of sale of land.—A parol rescission of a sale of land will be decreed upon evidence on which the court would enforce a parol sale, of land.</p> <p>4. Parol sale of land—Specific performance.—Cases in this court are numerous recognizing parol sales of land and enforcing them, where the purchase-money has been paid, possession taken with consent of the vendor, and improvements made on the land without his objection.</p> <p>5. Same—Statute of frauds.—Where one of two contracting parties has been induced or allowed to alter his position oil the faith of the contract to such an extent that it would be fraud on the part of the other party'to set up its invalidity, courts of equity hold that the clear proof of the contract and of the acts of the part performance will take the case out of the statute of frauds, if the acts of part performance are clearly referable to the parol agreement.</p> <p>6. Same.—That the vendee in such parol contract has sold to others who have made improvements under such purchase, rather increases the equity in favor of enforcing the parol contract.</p> <p>8. Possession of lands as notice.—That a vendee in a parol contract for sale of land, sold the land, and his vendee entered upon the land and erected improvements during the life of the original vendor, will be held as evidence of an