Sullivan v. O'Neal

Citations

• 66 Tex. 433
• 1 S.W. 185
• 1886 Tex. LEXIS 539

Syllabus

<p>1. Parol contracts—Specific performance—Equity—Unless a fraud will result from the unhindered operation of the statute prohibiting the enforcement of parol contracts for the sale of land, equity will not interpose. (Ann Berta Lodge v. Leverton, 42 Tex., 21.)</p> <p>2. Same—Improvements—If the purchaser, under a parol contract to convey land, advances to his vendor money to be used by him in erecting improvements on the land, and the vendor then refuses to convey, no equity arises from the advancement. The remedy is a suit for money had and received.</p> <p>3. Same—If the parol purchaser himself uses the money in erecting improvements on the land, and his vendor then refuses to convey, there is no remedy at law, and equity will interpose.</p> <p>4. Same—Partition—A parol contract was made to convey an undivided interest in a tract of land. Afterwards a parol partition of the tract was made, but it did not appear that the purchaser incurred any expense or trouble in that connection. Held, no equity arose from the parol partition, and it amounted to no more than a change of the verbal contract.</p> <p>5. Same—Statute of frauds—A deed, repudiated by the vendee and destroyed with his consent, cannot afterwards be claimed by him as a compliance with the statute of frauds.</p>