Graves v. Alders - In the Court of Appeals Ninth District of Texas at Beaumont

Graves v. Alders

By In the Court of Appeals Ninth District of Texas at Beaumont

  • Release Date: 2004-03-25
  • Genre: Law

Description

Weldon W. Alders ("Appellee") sued Joseph William "J.W." Graves ("Appellant") for specific performance of a contract to purchase certain real estate in Liberty County. Appellee was the assignee of the person who held and subsequently exercised the option to purchase the real estate from the Graves, Partlow and Swindle families. Appellant was not an original party to the contract; he was one of the heirs of the Graves properties, who disputed the administration of the trusts and estates established by the late William F. (W.F.) Graves and Rena N. Graves, and which included the subject property. This dispute resulted in litigation between Appellant and F.M. Graves, executor and trustee of the property. While the sale of the property was pending, Appellant and F.M. Graves entered into a separate agreement which acknowledged that the sale of the property was in the sellers best interests, adopted the sales contract, and promised to cooperate and execute whatever documents were required to effectuate the sale. Any money from the proceeds of the sale in dispute were to be placed into the registry of the court, pending resolution of these other two lawsuits. Appellant failed to attend the closing or to execute the documents required to complete the sale and transfer. The trial court granted Appellees motion for summary judgment, ordering Appellant to appear and execute all documents required to carry out the sale. Appellant moved for a new trial, which was denied, and he has appealed. For the reasons stated herein, we will affirm.

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