The statute of frauds does not require
that a complete description of the land to be conveyed appear in a single
document. See Padilla v. LaFrance, 907 S.W.2d 454, 460 (Tex. 1995)) (holding
that series of letters between parties satisfied statute of frauds). A property
description is sufficient if the writing furnishes within itself, or by
reference to some other existing writing, the means or data by which the
particular land to be conveyed may be identified with reasonable certainty. See
AIC Mgmt. v. Crews, 246 S.W.3d 640, 645 (Tex. 2008). The description of the
land may be obtained from documents that are prepared in the course of the
transaction, even if those documents are prepared after the parties’ contract
for sale. See Porter v. Reaves, 728 S.W.2d 948, 949 (Tex. App.—Fort Worth 1987,
no writ) (description of land as “1/2 of 20-acre tract” satisfied statute of
frauds because location of tract was not disputed, the parties referenced a
drawing of the tract in their contract, and seller was required to furnish
“current survey” of land after contract was executed); see also Adams v.
Abbott, 254 S.W.2d 78, 80 (Tex. 1952) (description furnished by exchange of
correspondence between the parties)
SOURCE: HOUSTON COURT OF APPEALS - 01-11-00460-CV
– 5/25/12
General Metal Fabricating Corporation v Stergiou (Tex.App.- Houston [1st Dist.] May 24, 2012)
No comments:
Post a Comment