Malnar v. Mechell

In three issues, appellant Regina Malnar (Malnar) complains of a summary judgment granted in favor of appellees Kenneth Mechell and his wife Virginia Mechell (hereinafter referred to collectively as the Mechells). The latter sued Malnar (via trespass to try title) to obtain a judgment adjudicating them title to a house and the realty on which it stands. Three issues are presented for review. Each involves the Mechells' compliance with the terms of the Texas Property Code. That is, she alleges that they failed to prove, as a matter of law, that they afforded her the notice of their intent to rescind allegedly due her under those provisions. We reverse the judgment. Background Malnar and the Mechells executed a contract for the sale of real property (the contract) on August 22, 1997. The realty consisted of a house and the land on which it stood. Furthermore, its purchase price was $85,000. Of that $85,000, Malnar was deemed to have paid $14,395 at the time the contract was executed. 2 The balance, however, was to be paid in monthly installments of $561.31, the first coming due on September 22, 1997, and the remainder coming due on the 22nd of each ensuing month.