Trevino v. Cantu

Citations

• 61 Tex. 88

Syllabus

<p>1. Equity — Contracts,— Equity cannot change the contract of a party and relieve him from an undertaking which he has fairly assumed, especially after he has received the consideration which induced him to make the contract.</p> <p>2. Warranty.— A vendor of land made a deed thereto, with general warranty, and executed at the same time another instrument, by which, if the title should fail, it was stipulated that the purchaser (who went into possession under his deed) should not recover more than $2,000, Mexican coin, which was the price paid. Held:</p> <p>(1) The vendor could not, by afterwards confessing that the title was defebtive, compel by suit the purchaser to receive the $2,0'J0.</p> <p>(2) The purchaser had a right to retain possession and resist an adverse claim, and, in case of eviction, recover according to the terms of his contract.</p> <p>(3) He was entitled to retain possession as against his vendor, to buy out the adverse claimant, if he desired to do so, and to every other advantage resulting from possession.</p>