Telford v. Smith County
Annotate this CaseUtah resident Elham Neilsen wanted to purchase a residence close to the city of Tyler in Smith County, Texas. He contacted Plaintiff-Appellant Holli Telford because he had heard that she knew how to acquire properties through tax or other distress sales and had contacts for obtaining financing for prospective buyers. Mr. Neilsen entered into an agreement with Plaintiff that she would bid on the property and sell it to him after she had obtained the warranty deed. Plaintiff submitted a bid, but did not obtain title to the property because, according to her, it was wrongfully redeemed by the prior owners after she had spent money improving it. She sought specific performance of the alleged contract with Smith County, Texas, or damages for breach of the alleged contract. Defendants moved to dismiss this case for lack of personal jurisdiction. The district court granted the motion and dismissed the case with prejudice as to them and without prejudice as to the other defendants. The Supreme Court affirmed the dismissal for lack of jurisdiction, but vacated the dismissal with prejudice and remanded the for entry of a judgment dismissing the complaint without prejudice.
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