Ross v. Fawcett
Ross v. Fawcett
Opinion of the Court
Curtis J. Fawcett and his wife, Molly Fawcett, brought this suit against Larry Ross and Charles Williams, individually and
The jury failed to find any issues in favor of the Fawcetts. Based on the verdict, the court entered a take nothing judgment against the Fawcetts and granted Ross and Williams’ request for specific performance, ordering them to convey the subject property by a fully executed warranty deed to the Fawcetts in exchange for full payment of the contract price of $38,882.50.
Ross and Williams present two points of error for review. The first point states: “The Court erred in rendering judgment for specific performance of the contract because of insufficiency of evidence.” The second point asserts that the court erred in ordering specific performance because the Fawcetts had an adequate remedy at law. Ross and Williams do not appeal from the failure of the trial court to award them damages.
Appellants are not entitled to complain of the order for specific performance of the contract, in view of the fact that they prayed for such an order. Grubstake Inv. Ass’n. v. Southern Natural Gas Co., 20 F.2d 1 (5th Cir. 1927); 5 C.J.S. Appeal & Error § 1510 (1958).
The judgment of the trial court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.