Guenther v. Amer-Tex Construction Co.

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

Facts

Amer-Tex Construction Co. sued Rosalie McClure's executor for specific performance of a land contract. The contract described the land by reference to an unscaled 'Exhibit A' sketch and its location adjoining Potter's Creek Park in Comal County, Texas. The district court initially granted specific performance.

Issue

Did the contract to convey land describe the property with sufficient certainty to satisfy the requirements of the Statute of Frauds, given the vague sketch and limited textual description?

Holding

No, the court held that the land description was insufficient to meet the Statute of Frauds, reversed the lower court's judgment, and rendered judgment that Amer-Tex take nothing.

Rule

To comply with the Statute of Frauds, a writing must furnish within itself, or by reference to another 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 subsequent surveys cannot cure an insufficient description.

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Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.