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contractappealtrialwillspecific performance
contractappealspecific performance

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English v. Jones, 154 Tex. 132, 274 S.W.2d 666

Facts

Dudley Jones entered into a contract to purchase real estate from Mrs. Rudolph English for $9,500, with Mrs. English owning a 5/8ths undivided interest in the property. After her husband's death, she had purchased a 1/8th interest from one of her children, leaving the remaining interest with her other children. When Jones sought specific performance, the trial court ruled against him, but the Court of Civil Appeals reversed this decision, allowing for partial specific performance and an abatement in price due to the vendor's inability to convey full title.

By the terms of the contract Jones agreed to buy and Mrs. English agreed to sell certain described real estate in the city of Corpus Christi for a cash consideration of $9,500. The property belonged to the community estate of Mrs. English and her deceased husband.

Issue

Whether a purchaser is entitled to specific performance of a contract for the sale of real estate when the vendor does not have complete title, and whether the purchaser's knowledge of this fact at the time of the contract affects this entitlement.

The argument is pressed here that the general rule giving the vendee the right of partial specific performance with an abatement from the purchase price cannot be invoked by a purchaser who had notice that the vendor did not have full title to the property at the time of the making of the contract.

Rule

The general rule in Texas is that a purchaser is entitled to specific performance of a contract as far as the vendor can perform it, along with an abatement from the purchase price for any deficiency in title.

The general rule (for it is not universal) in all such cases is that the purchaser, if he chooses, is entitled to have the contract specifically performed, as far as the vendor can perform it, and to have an abatement out of the purchase money or compensation for any deficiency in the title, quantity, quality, description or other matters touching the estate.

Analysis

The court applied the rule of partial specific performance, noting that Mrs. English's inability to convey full title was due to her own actions and decisions regarding the distribution of proceeds among her children. The court emphasized that the purchaser, Jones, had a reasonable belief that full title could be conveyed at the time of the contract, and thus, it would be inequitable to deny him specific performance.

Clearly it should not do so under the facts of the instant case. We question whether in any of the states which recognize the limitation above mentioned relief would be denied the purchaser under the facts of the instant case.

Conclusion

The Supreme Court affirmed the Court of Civil Appeals' judgment, granting Jones partial specific performance with a proportionate abatement in the purchase price.

The judgment of the Court of Civil Appeals awarding partial specific performance with a proportionate abatement out of the consideration is affirmed.

Who won?

Dudley Jones prevailed in the case because the court found it equitable to enforce specific performance given that he was willing to accept the title that Mrs. English could convey and pay her the same amount she would have received had her children joined her.

On the other hand, Mrs. English cannot be heard to say that it would be inequitable to enforce partial specific performance against her, since but for her own fault full title could have been transferred to Jones.

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