Guenther v. Amer-Tex Construction Co.

534 S.W.2d 396 · Court of Appeals of Texas · 1976

Facts

Amer-Tex Construction Company sued Rosalie M. McClure for specific performance of a contract to convey land. The contract described the land by reference to 'Exhibit A,' a sketch not drawn to scale, and its adjacency to Potter's Creek Park, but lacked specific boundary details or size. McClure died, and her executor was substituted as defendant.

Issue

Did the contract to convey land describe the property with sufficient certainty to meet the requirements of the Statute of Frauds, given the vague sketch and lack of specific identifying data?

Holding

No. The court held that the contract did not furnish within itself, or by reference to another existing writing, the means or data to identify the land with reasonable certainty. The judgment for specific performance was reversed, and the appellee takes nothing.

Rule

To comply with the Statute of Frauds, a writing must furnish within itself, or by reference to some other existing writing, the means or data by which the land to be conveyed may be identified with reasonable certainty. The knowledge and intent of the parties or extrinsic evidence cannot validate an insufficient description.

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Case brief last reviewed 2026-04-27. Prepared by CaseReader from the published opinion.