Court of Appeals of Texas October 14, 1949, No. 15069 (Andrews v. Lary)

lead-opinion

McDONALD, Chief Justice.

This is a suit for specific performance of a contract to sell land, and in the alternative for damages. The trial court, without a jury, denied a recovery.

Although several questions are presented in the briefs, affirmance of the judgment is required by the holdings we make with reference to two questions, and we shall discuss only those two.