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446 S.W.2d 887

Knight v. Miller

Court of Appeals of Texas

Decided October 31, 1969

Court of Appeals of Texas · decided 1969-10-31

Decided 1969-10-31

¶1OPINION

RENFRO, Justice.

¶2Suit was brought by Raymond H. Knight against Thelma Boydston Miller in which plaintiff asked for specific performance of a contract under which defendant had agreed to sell to plaintiff three acres of land in Denton County.

¶3Defendant moved for dismissal of the suit because (1) the description of the land was *888vague, general, indefinite and impossible of definite ascertainment, and (2) under provisions of Sec. 26.01, V.A.T.S. Business and Commerce Code, V.T.C.A., was, as a matter of law, insufficient to support or allege a cause of action.

¶4The trial court, finding that the description of the real estate did not comply with the minimum requirements of Sec. 26.01, sustained defendant’s motion and entered judgment dismissing the suit.

¶5Plaintiff appealed to this Court.

¶6The plaintiff has not by point or points of error complained of any error committed against him in the trial court.

¶7Fundamental error is not apparent of record.

¶8Affirmed.

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