WOLLUMS V. HORSLEY
20 S.W. 781 (1892)
NATURE OF THE CASE: This was a dispute over the sale of mineral rights. Horsley (P),
purchaser, brought an action for specific performance of a contract for the sale of oil,
gas, and mineral rights. Woollums (D) claimed undue advantage and D appealed a judgment of
specific performance for P.
FACTS: D lived in his mountain farm of 200 acres. D was sixty, uneducated, afflicted with
disease disabling him from work, owned no other land, and but very little personal property.
P was a man of large and varied business in the process of buying mineral rights by the
thousands of acres and through his agent entered into a contract with D to purchase all
mineral rights from D for $.40 per acre. The agent used was to get $80 for consummating the
transaction. The deal was made but the purchase money was not paid as the quantity of the
land was not known to D and he refused to survey the land. Then one summer after the
transaction and almost one year later P demanded a deed. It was refused and P sued for
specific performance. The trial court awarded specific performance and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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