Texas Supreme Court

L. C. Hill v. H. C. Hoeldtke

January 24, 1912104 Tex. 594

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that a vendee’s promise to assume a vendor’s lien debt is a binding contract that cannot be revoked by a subsequent rescission between the vendor and vendee without the creditor’s consent. The court rejected the fraud defense as immaterial and ruled the promise was not within the Statute of Frauds.