[DOWNLOAD] "Cardenas v. Varner" by In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel D ~ Book PDF Kindle ePub Free
eBook details
- Title: Cardenas v. Varner
- Author : In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel D
- Release Date : January 07, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Jack and Joyce Varner sued Jose and Gloria Cardenas to recover upon a promissory note and foreclose upon a vendors lien securing payment of the note. The Cardenas executed the note as partial payment for ranch land bought from the Varners. When the Cardenas discovered, after closing of the sale, that the acreage was less than that represented by the Varners, they refused to pay the outstanding note balance. This precipitated the aforementioned suit. In response, the Cardenas counterclaimed for breach of the sales contract and warranties, asserting that they were sold less land than promised. Upon trial before the court, the trial judge reformed the purchase price of the land, subtracted the difference from the outstanding balance due on the note, awarded the Varners the remaining sum due, and permitted them to foreclose upon their lien. The issues before us concern the reformation of the purchase price, the attorneys fees awarded to the Varners, and the interest rates adopted by the trial court. We reverse in part and affirm in part.