Sprague v. Haines

Citations

• 68 Tex. 215
• 4 S.W. 371
• 1887 Tex. LEXIS 668

Syllabus

<p>1. Statute of Frauds—Case Overruled. — The case of Anderson v. Powers, 59 Texas, 313, in so far as it sustained a parol agreement as not being within the operation of the statute of frauds, under the facts presented in that case, overruled.</p> <p>2. Statute of Frauds.—The words “ any contract for the sale of real estate” (Revised Statutes, article 2464), include every agreement by which one promises to alienate an existing interest in land upon consideration either good or valuable; hence a contract to convey land, in consideration of labor or services to be rendered, is within the statute, and every parol contract, in whatever shape it may be put, by which either party is to part with real estate, is unavailing as the ground of a claim.</p> <p>3. Statute of Frauds.—A parol contract made between an attorney and his client, whereby the former was to receive, in consideration of professional services to be rendered in removing cloud from title to land then owned by his client, a part of the land, was within the statute of frauds, and specific performance thereof can not be enforced.</p> <p>4. Jurisdiction—Service of Citation.—The service of citation upon a minor defendant is essential in order to confer jurisdiction upon the court and to authorize the appointment of a guardian ad litem.</p>