Godwin v. Banister

KEY, C. J.

This is a county court case, which resulted in a judgment in favor of the plaintiff, Banister, and the defendant, God-win, has appealed; and, as the jurisdiction of this court is final, and the questions presented are not deemed to be of such importance as to require extended discussion, this opinion will be brief.

In the first assignment of error, it is contended that the court erred in overruling a general demurrer, to the plaintiff’s petition; the contention being that the plaintiff had no right to show that the recitals, in a certain deed, to the effect that the purchaser had paid the sum of $400, and executed certain promissory notes for the payment of certain additional sums, were not in fact true, and that appellant, the defendant in this suit and grantor in the deed referred to, and Mrs. Lelia Collins, the grantee therein, had entered into a conspiracy for the purpose of inducing appellee to purchase from Mrs. Collins one-half of the interest she had acquired from appellant, Godwin, for a consideration equal to that which Mrs. Collins ,was to pay to Godwin, and, in order to accomplish that result, they had agreed between themselves to recite the fact that the (Consideration for the deed from Godwin to Mrs. Collins was twice as much as it really was.

Appellant cites authorities to the effect that when the consideration specified is contractual, neither party has the right, by parol evidence, to show that it was different from what it was stated to be in the written instrument. The rule referred to has no application to this case, as it does not include and bind persons who are not parties to the written instrument. It was so held by our Supreme Court in Johnson v. Portwood, 89 Tex. 235, 34 S. W. 596, 787.

The other questions presented in appellant’s brief have been duly considered, and our conclusion is that no ground is shown for a reversal; and therefore the judgment of the trial court is affirmed.