Pollard v. Biard

Court of Appeals of Texas

Pollard v. Biard

152 S.W.2d 1118, 1941 Tex. App. LEXIS 618

CourtCourt of Appeals of Texas

DecidedJune 5, 1941

DocketNo. 4099

StatusPublished

This text of 152 S.W.2d 1118 (Pollard v. Biard) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pollard v. Biard, 152 S.W.2d 1118, 1941 Tex. App. LEXIS 618 (Tex. Ct. App. 1941).

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Opinion

SUTTON, Justice.

This is an appeal from the judgment of one of the County Courts at Law, Bexar County, for the recovery of $250 earnest money and interest thereon, under a contract of sale.

The defendant relied upon a. provision of the contract that if the title is found objectionable and could not be cleared in a reasonable time he might demand back his earnest money. He declined to perform after all objections had been met and without having previously given notice of any intention to decline to perform. He was also in default, having stopped payment on the earnest money check the day following the execution of the contract and before any objections had been raised.

We are of the opinion the judgment is a just and proper one under the law applicable to the facts of the case, anu it is affirmed without further opinion. McLoughlin et ux. v. Schnitzer, Tex.Civ.App., 147 S.W.2d 826.

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SUTTON, Justice.

This is an appeal from the judgment of one of the County Courts at Law, Bexar County, for the recovery of $250 earnest money and interest thereon, under a contract of sale.

The defendant relied upon a. provision of the contract that if the title is found objectionable and could not be cleared in a reasonable time he might demand back his earnest money. He declined to perform after all objections had been met and without having previously given notice of any intention to decline to perform. He was also in default, having stopped payment on the earnest money check the day following the execution of the contract and before any objections had been raised.

We are of the opinion the judgment is a just and proper one under the law applicable to the facts of the case, anu it is affirmed without further opinion. McLoughlin et ux. v. Schnitzer, Tex.Civ.App., 147 S.W.2d 826.

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152 S.W.2d 1118, 1941 Tex. App. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollard-v-biard-texapp-1941.

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