Hooks v. Bridgewater – Case Brief Summary (Texas)

In Hooks v. Bridgewater, 111 Tex. 122, 229 S.W. 1114 (Tex. 1921), the Texas Supreme Court held that "to relieve a parol sale of land from the operation of the statute of frauds, three things were necessary:

Payment of the consideration, whether it be in money or services.

Possession by the vendee.

The making by the vendee of valuable and permanent improvements upon the land with the consent of the vendor; or, without such improvements, the presence of such facts as would make the transaction a fraud upon the purchaser if it were not enforced." Id. at 1116. The court described these three elements as "indispensable." Id.

The court noted that absent such improvements, it would consider the presence of such facts as would make the transaction a fraud upon the purchaser if it were not enforced. Id.