Vallone v. Miller
Texas Court of Appeals
663 S.W.2d 97 (1983)
- Written by Whitney Kamerzel , JD
Facts
James and Elaine Miller (defendants) were married and owned property together. Both spouses had the right to manage the property. James attempted to convey the property to Stephen Vallone (plaintiff). In the purchase contract, Vallone was listed as the purchaser and James and Elaine were listed as the sellers. However, in the signatures section, only Vallone and James signed the contract. The description of the entire property was contained in the contract. The Millers did not comply with the contract. Vallone sued the Millers for specific performance or damages, and after a jury determined that the property was joint-management community property, the trial court held in favor of the Millers. Vallone appealed, arguing that Elaine’s signature was not necessary to sell the property because James had the right to manage and sell it.
Rule of Law
Issue
Holding and Reasoning (Robertson, J.)
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