Anderson v. Anderson
Texas Court of Appeals
620 S.W.2d 815 (1981)
Relevant factsFree
Miller received a deed to Jewell's home in exchange for a promise to provide Jewell lifetime care, but by the time she received the deed, Miller already knew she couldn't fulfill that promise, yet said nothing and kept the deed rather than returning it; she later deeded the property to William (defendant), and Frank (plaintiff), Jewell's son under an earlier will, sued to cancel the deed for fraud after Jewell died without ever receiving the promised care.
IssueFree
Whether an intent not to perform the promise set out as consideration in a deed conveying real property constitutes fraud, subjecting the deed to cancellation.