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De Leon v. Aldrete

Texas Court of Appeals
398 S.W.2d 160 (1965)


On May 30, 1960, Dario De Leon and Felicitas De Leon (defendants) agreed to sell a tract of land to Cristobal P. Aldrete (plaintiff) for $1,500.00. The contract required Aldrete to pay the purchase price in installments, with the final payment due on April 1, 1961. By July 6, 1961, Cristobal had only paid $1,070.00. On February 1, 1962, the defendants sold the premises to Guillermo Hernandez for $1,300.00. Aldrete brought suit in restitution to recover the amount he had already paid the defendants. The trial court ruled in favor of Aldrete and awarded him $1,512.60, which was comprised of Aldrete’s payments of $1,070.00 with interest and fees expended by Aldrete in connection with the contract. The defendants appealed.

Rule of Law

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Holding and Reasoning (Cadena, J.)

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