PHILLIPS v. ARNOLD

No. 3695.

329 S.W.2d 108 (1959)

Lee PHILLIPS, Appellant, v. Ermon ARNOLD et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 2, 1959.


Attorney(s) appearing for the Case

Robert D. Peterson, Reagan & Welch, Marlin, for appellant.

Robert G. Carter, Marlin, for appellees.


WILSON, Justice.

Appellant's suit against appellees alleged default by the latter in payment of the purchase price under an executory contract to convey realty, designated as lot 3A, asserting rescission. Alternatively, judgment was sought for the balance due on a note for $1,350 and foreclosure of liens on lot 6A and lot 3A, securing payment of the note. This is a jury case.

At the conclusion of the evidence, the court sustained appellees' motion to require...

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