Vineyard v. Smith

Citations

• 34 Tex. 454

Syllabus

<p>1. The consideration of a sealed covenant for the conveyance of land could only be denied by a sworn plea.</p> <p>2. A written contract under seal was entered into between W. of the one part, and S., an owner of certain land, of the other part, whereby W. agreed to aid S. to build up a town on the land; and S., in consideration of such aid, bound himself, whenever by their joint efforts enough of the land (or town lots) should be sold to realize to S. a sum equal to ten dollars per acre for the whole tract, to convey to W. one undivided fourth of the land remaining unsold. Suit for specific performance being brought against S., he demurred on the several grounds that the contract was without consideration—that it was without mutuality of obligation—and that it was void under the statute of Frauds. Held, that it was error to sustain the demurrer on any of these grounds.</p> <p>3. The suit for specific performance, above indicated, was brought against S. not only by W., but also by one Y., as a co-plaintiff—they alleging in their petition that W., with the knowledge and privity of S., contracted to convey to Y. one half of whatever interest he, W/, should acquire in the town, in consideration that Y. would contribute his services in building up the town, and would convey to W. a certain block of lots. Held, that V. was properly joined with W. as a party plaintiff.</p>