Butler v. Benefield
Texas Court of Civil Appeals
589 S.W.2d 778 (1979)
- Written by Eric Miller, JD
Facts
Ricky and Terri Benefield (plaintiffs) entered a contract to purchase property from Frank Butler (defendant). The contract described the property as “415 Holley, Sherman, Texas.” The Benefields sought to take possession of the property prior to the date stipulated in the contract. Butler considered this a breach, returned the Benefields’ earnest money, and refused to go through with the sale. The Benefields brought an action to recover damages for Butler’s alleged failure to honor the terms of the contract. Butler then discovered that his son owned a one-half undivided interest in the property. Both sides moved for summary judgment. The court denied Butler’s motion and granted the Benefields’ motion with respect to liability. Butler appealed, arguing that the description of the property contained in the contract was not legally sufficient.
Rule of Law
Issue
Holding and Reasoning (Robertson, J.)
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