(Download) "Housing Authority City El Paso v. Jesus B. Lira Et Ux." by El Paso No. 5088 Court of Civil Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Housing Authority City El Paso v. Jesus B. Lira Et Ux.
- Author : El Paso No. 5088 Court of Civil Appeals of Texas
- Release Date : January 06, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
On Motion for Rehearing Appellant has called our attention to the decision of this court in Nelson v. Jenkins, 214 S.W.2d
140, in which a writ of error was refused, and insists that in conformity with that decision appellant is entitled to a judgment
against Jesus B. Lira of damages for breach of his contract to convey the community homestead land in question, such damages
being the difference between the market value of the land as found by the jury and the contract price which Lira agreed should
be taken as its market value in the event of condemnation. In our opinion Nelson v. Jenkins has no application to the factual
situation here presented. As indicated in our original opinion, when the city resorted to condemnation it abandoned the contract
for all purposes and impliedly agreed to the value that might be fixed by the jury in condemnation. Because it is dissatisfied
with that value it cannot set it aside and have recourse on Lira for the agreed value. The remedy of condemnation is inconsistent
with and repugnant to any agreement as to value. Appellant also complains of the judgment because it provides for recovery from appellant of interest at the rate of 6% per
annum on $34,800 from January 28, 1952, until July 30, 1954, and 6% per annum interest from that date until paid. In our order
overruling appellant's motion for re-hearing filed March 30, 1955, we said:
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