Fitzsimmons v. Anthony, 13-86-089-CV
| Decision Date | 29 August 1986 |
| Docket Number | No. 13-86-089-CV,13-86-089-CV |
| Citation | 716 S.W.2d 719 |
| Parties | Burton M. FITZSIMMONS, et ux., Appellants, v. Alvin E. ANTHONY, et al., Appellees. |
| Court | Texas Court of Appeals |
Appellants, Burton M. and Fannie Lee Fitzsimmons, challenge the judgments of the trial court, which ordered specific performance of their contracts to convey land to the appellees. We affirm.
The appellees' suits for specific performance were consolidated for trial. Appellees, Alvin E. Anthony, Errol Ray Warren, and Milven D. Warren, Jr., had each entered into a contract of sale with the appellants. The three contracts were executed on May 24, 1983. Attached to each contract was a metes and bounds description of the three contiguous tracts which the appellees were purchasing. Each of the contracts was a standard Texas Veterans Land Program "Application and Contract of Sale." Each contained the following provision:
14. In no event shall this contract be terminated by the veteran or seller before the expiration of 120 days from the date hereof except by written consent of both parties and written notice thereof to the Veterans Land Board of the State of Texas. The Veterans' Land Board of the State of Texas reserves the right to cancel after acceptance of the assignment of the contract if the seller or veteran fails to put forth reasonable efforts to comply with the terms hereof.
The parties agreed that the one hundred twentieth day was September 21, 1983. Ms. Louceyette Voges, owner of the Wilson County Abstract Company at the time in question, testified that, after examining the title to the land and receiving approvals of loans to the appellees, she sent the appellees' three commitments to the Veterans Land Board sometime in the middle of August 1983. The Veterans Land Board sent letters notifying the appellees that it had approved the transactions on September 8, 13, and 14, 1983. It was waiting for the comptroller's office to issue state warrants (checks) for the amounts approved. By letters of September 20, 21, and 23, 1983, the Board notified the appellees that the purchases were ready to be closed, and that they should contact the title company to set a date for closing.
Appellant Burton Fitzsimmons admitted that he received copies of these letters, knew of their contents, and knew that the deal was proceeding to a point that the closing date was near. Nevertheless, on either Friday, September 23, or Monday, September 26, he wrote the Veterans Land Board and informed them that he and his wife wished to cancel the sale.
In ordering specific performance, the trial court filed findings of fact and conclusions of law. An appellate court will uphold a trial court's findings of fact unless they are manifestly erroneous and without evidence to support them or are so against the great weight and preponderance of the evidence as to be manifestly wrong. Trevino v. Castellow Chevrolet-Oldsmobile, Inc., 680 S.W.2d 71, 75 (Tex.App.--Corpus...
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...the agreement is to be performed within a reasonable time. Moore v. Dilworth, 142 Tex. 538, 179 S.W.2d 940, 942 (1944); Fitzsimmons v. Anthony, 716 S.W.2d 719, 720 (Tex.App.--Corpus Christi 1986, no writ); Joines v. Burke, 540 S.W.2d 798, 801 (Tex.Civ.App.--Corpus Christi 1976, no writ). Wh......
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...262, 266 (Tex.App.-Fort Worth 1999, no pet.) (citing Moore v. Dilworth, 142 Tex. 538, 542, 179 S.W.2d 940, 942 (1944); Fitzsimmons v. Anthony, 716 S.W.2d 719, 720 (Tex.App.-Corpus Christi 1986, no writ)). Reasonableness is determined by the facts and circumstances of the case. CherCo Props.......
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