Secrest's Executors v. Jones

Citations

• 30 Tex. 596

Syllabus

<p>The court affirmed the principles formerly decided in this case, (21 Tex., 121,) that a covenant to sell land is not a sale unless the purchase money has been paid; but that, while if the vendee fail to pay, the vendor may elect to abandon the contract, yet if he should not so elect, and the payment of the purchase money has really been made, the title becomes absolute.</p> <p>Where the issue of payment was submitted to the jury, and the evidence warranted the finding of payment, the court refused to disturb the verdict.</p> <p>The record of a deed after the commencement of the suit may he sufficient. Where a jury finds facts proved on which the amount of the judgment may be calculated, it is sufficient. (Paschal’s Dig., Art. 1469, Note 565.)</p>