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January 12, 2021

eBook details

Title: Roy Stafford v. L. B. Wilkinson Et Al
Author : The Supreme Court of Texas
Release Date : January 24, 1957
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

This is a suit by L. B. Wilkinson and wife, respondents, against Roy Stafford, petitioner, to recover damages for fraud alleged to have been practiced upon them in a real estate transaction, and in the alternative for rescission. A summary judgment for petitioner, granted by the trial court on his plea of the two year statute of limitations, has been reversed by the Court of Civil Appeals. 298 S.W.2d 867. The sale of the real estate was consummated in 1950, and the suit was filed on November 1, 1954. As the case comes to us, we must determine whether the record shows conclusively: (1) that respondents discovered the alleged fraud more than two years before suit was filed, and (2) that there is no material issue of fact as to respondents claim that petitioner is estopped to plead the statute of limitations. We have concluded that it does and that the summary judgment was properly granted by the trial court.

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