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Allpress v. McGill

Allpress v. McGill.

Allpress v. McGill, 246 S.W.2d 714 (Tex. App. 1952)
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Court
Court of Appeals of Texas · State Appellate Courts
Decided
February 13, 1952
Docket
No. 12380
Judges
Pope
Citations
246 S.W.2d 7141952 Tex. App. LEXIS 1972

Opinion of the Court — Pope

Text extracted by OCR from a scanned original; check the original for exact wording.

POPE, Justice.

This suit -concerns the right of a -party to recover liquidated damages and also actual damages upon the breach of a contract.

Appellant, Mrs. Eva Jo Allpress, prior to August 9, 1950, claimed that she had made certain improvements on a piece of real estate owned by appellee, Woodrow W. McGill. On that date the two parties entered into a written agreement by which appellee contracted to sell the property and pay appellant the sum of $4,000.00 out of the proceeds. Sin-ce certain liens existed against the property the sale was not made. Appellee sought a declaration of his rights as against appellant and she icross-acted for damages in the amount of $5,000.00. She claimed the sum she would have received had the sale -been made, as well as the $1,000.00 which was agreed upon as liquidated damages in the event of a breach. The trial court awarded appellant $1,000.00 by way of liquidated damages.

Appellant may not recover actual damages and also liquidated damages. How much, if anything, would remain out of a sale of the real estate after payment of the liens against the realty was not proved. But when damages are estimated in advance and liquidated by agreement, actual damages can not also -be recovered. Huffhines v. Bourland, Tex.Com.App., 280 S.W. 561 ; Smith v. Lane, Tex.Civ.App., 236 S.W.2d 214 ; Elliot v. Henck, Tex.Civ.App., 223 S.W.2d 292 ; Blair v. Bird, Tex.Civ.App., 20 S.W.2d 843 ; McCelvy v. Bell, Tex.Civ.App., 6 S.W.2d 390 .

The judgment is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1956: 11976: 11985: 119562026peak 1956 · 1

Relies on it most ⓘ

  1. A. J. Rife Construction Co. v. Brans298 S.W.2d 254 (Tex. App. 1956)
  2. Brewer v. Myers545 S.W.2d 235 (Tex. App. 1976)
  3. Gilbane Building Co. v. Nemours Foundation666 F. Supp. 649 (D. Del. 1985)

Most recent

  1. Gilbane Building Co. v. Nemours Foundation666 F. Supp. 649 (D. Del. 1985)
  2. Brewer v. Myers545 S.W.2d 235 (Tex. App. 1976)
  3. A. J. Rife Construction Co. v. Brans298 S.W.2d 254 (Tex. App. 1956)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Elliott v. Henck, 223 S.W.2d 292 (Tex. App. 1949) 24
Huffhines v. Bourland, 280 S.W. 561 (Tex. Comm'n App. 1926) 19
Smith v. Lane, 236 S.W.2d 214 (Tex. App. 1950) 10
McCelvy v. Bell, 6 S.W.2d 390 (Tex. App. 1928) 9
Blair v. Bird, 20 S.W.2d 843 (Tex. App. 1929) 9

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