Ward v. Stuart

Citations

• 62 Tex. 333
• 1884 Tex. LEXIS 243

Syllabus

<p>1. Specific performance — Statute of frauds.—An action, brought by a party against another for specific performance of an unwritten agreement to convey land, in consideration of labor and improvements made on the land, cannot be maintained, even though the land has been thus paid for in full, unaccompanied by other facts, such as exclusive possession and the like. Vide Jones v. Carver, 59 Tex., 293; Murphy v. Stell, 43 Tex., 123; Ann Berta Lodge v. Lever ton, 42 Tex., 24.</p> <p>3. Same — Pleading.— In cases where specific performance of a contract to convey land is asked, whether the contract be written or not, the terms of the agreement must be clearly stated in the pleadings, so that the intention of the contracting parties may be evidenced with reasonable certainty as to what was to be done by each in consummation of the agreement.</p> <p>3, Same.— To enforce a specific performance of a contract to convey land, for which a party has agreed to pay in money, labor or in some other manner, the petitioner must inform the court, by proper pleadings, what money was to be paid, what labor performed, and the like averments; and there should be allegations showing a performance on his part or a good reason why it has not been done, accompanied by a tender of what might still be due.</p>