[Download] "Roland O. Davis v. Norman N. Campbell and Harold Collum" by Dallas the Fifth Court of Civil Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Roland O. Davis v. Norman N. Campbell and Harold Collum
- Author : Dallas the Fifth Court of Civil Appeals
- Release Date : January 19, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Roland Davis sued Norman Campbell and Harold Collum for damages for breach of an oral agreement concerning a tract of land. Defendants moved for summary judgment on the ground, among others, that the suit was barred by the Statute of Frauds, TEX. BUS. & COMM. CODE ANN. § 26.01(b)(4)(Vernon 1968). The trial court sustained the motion, and plaintiff appeals. We reverse on the ground that a fact issue exists as to whether the Statute of Frauds is rendered inapplicable by plaintiffs performance of his obligations under the oral agreement. We interpret the summary-judgment evidence as tending to show that plaintiff had an interest in the property in the nature of an oral option, which he agreed to transfer to defendants in consideration of defendants promise to give him part of the profit on a possible resale, and that defendants had the benefit of plaintiffs performance of this contract but failed to keep their promise.
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