Whiteman v. Garrett
This text of 1 Dallam 374 (Whiteman v. Garrett) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This was an appeal taken from the District Court of San Augustine County. The suit of the plaintiff in the court below was instituted upon a bond to pay money on the part of defendant, and to make title to certain lands on the part of plaintiff.
The court is of opinion that the agreement under seal on which suit was brought in the district court is a bond of mutual obligations, compelling the defendant to pay certain moneys, upon the payment of which the plaintiff bound himself in the penalty of $8000 to make title to certain lands. An action will lie to compel a specific performance of the contract on the part of Garrett. The judgment of the district court is affirmed with costs.
Affirmed.
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Cite This Page — Counsel Stack
1 Dallam 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiteman-v-garrett-tex-1840.