Abbott v. Adams

• Decision Date: 21 March 1952
• Docket Number: No. 14478,14478
• Citation: 248 S.W.2d 514
• Parties: ABBOTT et al. v. ADAMS.
• Court: Texas Court of Appeals

Page 514

248 S.W.2d 514

ABBOTT et al. v. ADAMS.

No. 14478.

Court of Civil Appeals of Texas, Dallas.

March 21, 1952.

Rehearing Denied May 2, 1952.

Paul Worden and Roland Boyd, both of McKinney, for appellants.

McKool, McDaniel & Bader, of Dallas, for appellee.

YOUNG, Justice.

The suit below was in trespass to try title and for specific performance of an alleged contract for the sale of realty situated in Collin County and evidenced by an exchange of letters between Mrs. Adams (defendant landowner) and one Montgomery acting as agent for appellant Abbott, his existing but unidentified principal. On trial to the court and a defendant's judgment, plaintiffs Montgomery and Abbott have duly perfected an appeal. Appellee Mrs. Rheby B. (or Orville) Adams, a widow, now a resident of Kentucky but formerly of Collin County, owned three tracts of adjoining land, there situated, comprising some 94 acres, together with house, barn, fences and other improvements. The transactions which, as plaintiffs aver, constitute a completed contract of sale and purchase, are self-explanatory and reflected in a series of letters signed by Montgomery, Mrs. Adams, and Worley Smith, Secretary McKinney National Farm Loan Association, which, though numerous, must be quoted in material part:

'194 East 5th Street, Russellville, Kentucky. Jan. 1st, 1951. Mr. Morris Montgomery, Copeville, Texas. Dear Morris: I wonder if you can help me in the sale of my little farm out there, as I am very desirous of selling it * * *. Do you want or need it, or know of anyone who would be interested in buying it? Three thousand dollars, cash, and it can be anyone's property * * *. I have no use for it now * * * as have a nice farm here in this county, and guess will live in this town, until I die * * * that place is nothing to brag about, but it can, and has made money for us and others. The house alone (as well as barn), could be moved onto a lot * * * with your long trailer, and bring you in a good income * * * butane gas tank and lights would help a long way, about renting it. Please let me hear from you and tell me what you think about it. Regards to your wife and family * * * your friend, /s/ Mrs. Orville Adams, Sr.'

'Feb. 1, 1950. Copeville Tex Box 31 Mrs. Orvall Adams Dear Friend: Got your letter. In regards to weather we have had a 10 in snow. About your farm if you want to sell it dont rent it. Personally I am not buying any more land. Did anyone tell you about all tax going up. Anyway I have had several hot air prospects wanting your farm on a credit. I have shown your farm to one prospect. He is a reliable man in every respect. His word is his bond. He made me an offer I thought I should report to you. He bid Twentyfive hundred cash. Now I have 10 days on this bid. This is the only cash prospect I have to date. In case you are interested I will guarantee your money. I believe you know I don't want a pennie from eather party. I would recommend you McKinney Federal Land Bank agent closing any deal when made. Your friend, Maurice.'

'Feb. 6, 1951. Russellville, Kentucky. Dear Maurice: Thank you for your letter, that came this morning, and glad to hear from you. Especially, as you have a Cash Offer for farm for me. I will take the twenty-five hundred dollars for it, that you said the prospect offered you, and I hope he is still interested in it. I have the abstract in my possession here, for the 44 odd acres, but the Federal Land Bank has the other fifty acres abstract in their hands, as that is the parcel of land, I still owe, something Under one hundred dollars on. When you write me, to do so, I will mail the abstract and all papers I have, to the Federal Land Bank, and write them to act as my agent in this matter. Please don't misunderstand me about this, but as I owe them the amount I said, also taxes Not Paid for this year, I think it right that they should handle it, and that way, keep me from having to make an expensive trip out there, to sign papers, as they can mail all necessary ones to me, and be signed, from here. * * * I will never thank you enough, if you do sell this for me * * * so please let me hear from you at your earliest convenience. Sincerely yours. Deed made in Mrs. Rheby Barnes Adams name. Mrs. Orville Adams, Sr. If the deal goes thru by your efforts, as described, I will be very happy.'

'Feb. 9, 1951. Copeville, Texas Mrs. Adams Dear Friend: Got your letter today. In regard to the sale of your farm mail your papers to the agent of the federal land bank in McKinney, Texas as soon as you can. The deal can be handled through them without you being here. When your papers are ready my man is ready to close the deal. This prospect must have every thing in order. Then he will do as I told you. Your friend, Maurice Montgomery.'

'Feb. 12th, 1951. Russellville, Kentucky. Dear Maurice: Your air mail letter just came, so am sending you one I had from man in F. L. B Loan Ass'n. saying he would act for me * * * the papers are all being sent to Mr. Worley Smith today. * * * I will be so glad to get this matter over with, as the farm isn't bringing me any money in, and a constant worry to me * * * don't know what would happen to the house and buildings, as no one living there to take care of things. Since last week, I have had three letters and one telegram from people wanting to buy the place but have told them all * * *. 'No soap,' as was expecting you to sell it for me. * * * Very best regards, I am sincerely, /s/ Mrs. Rheby Barnes Adams Mrs. Orville Adams, Sr.'

'Feb. 18, 1951. My dear Maurice: I tried to call you other day, but your line was down, so the next bet was to contact Mr. Worley Smith in McKinney. * * * I want to tell you, I did not mean to interfere with your buyer of the farm, but did want to tell you the opportunity of getting more money for the place, and knowing the difference of about seven hundred dollars would help me so much, thought it possible could be handled. But, after seeing your view of it, I understand how you felt about it. Orville, Jr. said, 'Mother, if Maurice said he was selling the place, you should not have done anything about it * * * if he tells a fellow, he is going to build a chicken house out of cardboard, at such and such a time, he is going to do it.' So that is the way we both look upon your word * * * so, please accept my apologies for butting-in * * * won't you? Mr. Smith called me back, and told me you didn't consent to my idea, and I asked him to contact you and tell you to let the papers for your man to go on thru * * * guess they were signed and I will be getting them tomorrow or sometime soon. I will have my banker here to notarize them and return at once. * * * Please remember I wasn't butting-in on your deal, I was only trying to notofy you that I was offered more money and thanks for all your help. Best regards * * * sincerely yours, Mrs. Orville Adams, Sr.'

'March 1st, 1951. Mr. Maurice Montgomery, Copeville, Texas. Dear Mr. Montgomery: This is to advise you that I have taken my farm in Collin Co. Texas, off the market, and it is not for sale at this time. Sincerely, Mrs. Orville Adams, Sr., 194 East 5th Street Russellville, Kentucky.'

'Russellville, Kentucky 194 East 5th Street Feb. 6th, 1951. McKinney National Farm Loan Association. Mr. Worley Smith, McKinney, Texas. My dear Mr. Smith: In your letter of Jan. 10th, when you sen-me receipt for last farm note * * * Loan No. P-251 you said if you could be of any further assistance to me, in the sale of my farm in Collin County, to let you know. Now, I am asking for that assistance and help on your part. Maurice Montgomery, Copeville, Texas, has a cash prospect for me for sale of the farm * * * twenty-five hundred cash dollars * * * so, if and when the deal comes up may I expect you to act for me, as agent of seeing money is sent to me * * * paying the small amount I owe on the note to Federal Land Bank, paying the last year's taxes, and sending me the difference of those two items and the twenty-five hundred dollars buyer is paying for it? If Mr. Montgomery has a larger offer, that is OK * * * my arrangements with him, is for me to get the above specified amount * * *. I will send you the deeds and abstract of other parcels of land (Paid for) I have in my possession, when I further hear from you and Mr. Montgomery. Please let me have an early reply. Sincerely yours, /s/ Mrs. Rheby Barnes Adams.'

'McKinney National Farm Loan Association Worley Smith Secretary-Treasurer 4% Federal Land Bank Loans 116 W. Louisiana Street McKinney, Texas February 8, 1951. Mrs. Orville Adams, Sr., 194 East 5th Street Russellville, Kentucky Dear Mrs. Adams: As outlined in your letter of February 6, I will be glad to collect the money for you when you sell the place. Besides paying taxes and the small balance on your loan with us, there will probably be an abstract and deed bill which usually the seller has to pay. It might be possible that Mr. Montgomery has in mind for the buyer to stand for this expense. I am glad to be of service to you and please advise Mr. Montgomery to bring the buyer to our office at 116 West Louisiana...