L. H. Tucker and Jack Tucker v. Jack Boyd

This is a suit by respondent, Jack Boyd, against petitioners, L. H. Tucker and Jack Tucker, for damages for the breach of an alleged oral contract claimed to be collateral to a written contract of sale and to a deed executed and delivered shortly after the date of the contract by petitioners to respondent conveying a house and lot located in Tyler, Texas. It was alleged that prior to the signing of the contract of sale and prior to the delivery of the deed petitioners orally promised that in consideration of the contract and delivery and acceptance of the deed that they would lower the driveway, fill the front yard with topsoil, make alterations in natural gas inlet pipes, install another ventilator, and raise a water spigot above ground level. Respondent alleged his performance of the contract and its breach by the petitioners to his damage in the sum of $1,000.00 besides a $95.00 reasonable cash rental of the house. He also prayed for $500.00 for reasonable attorneys fees. After their plea in abatement was overruled, petitioners filed a verified motion for summary judgment and, based upon that motion, summary judgment was rendered by the trial court that respondent take nothing, which judgment has been reversed by the Court of Civil Appeals and the cause remanded for trial on its merits. 288 S.W.2d 202.