- 21 - to the daughters. Because Nathan was working at Parker's direction, and only Nathan's name appears as purchaser on the earnest money contracts, it is unclear just how much of an interest in the contracts the daughters had received as a result of Parker's gift. The joint venture agreement, when read together with the January 8 writing, however, makes it clear just how much of a gift Parker had made to the daughters. Clearly, as stated in the January 8 writing, Parker had retained the right to a substantial cash payment (fee). In Cox v. Windham, 10 S.W.2d 136, 139 (Tex. Civ. App. 1928) the court stated: "It is settled law that where property is delivered to a third person under conditions indicating the donor intended to make an effective gift, it will be so treated". The court also stated a further rule: "that delivery of personal property is not so strictly applied to transactions between members of a family residing in the same house, as is applied to transactions between strangers." Id.; see also Bishop v. Bishop, 359 S.W.2d 869, 871 (Tex. 1962) (citing with approval Cox v. Windham, supra). In the Bishop case, in the context of a divorce action, the Texas Supreme Court dealt with the ex-wife's claim that, while she was married to her ex-husband, he had told her that certain household furniture was hers, even though it remained in the house occupied by both of them. The court stated: "Texas is one of the jurisdictions holding that statements by the donor indicating that he had given the chattel to the donee are sufficient to raise an issue of factPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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