Albright v. Corley

Citations

• 40 Tex. 105

Syllabus

<p>1. Though an instruction of the court may fail to present properly the law of the case upon a question involved in the suit, yet, if it be plain from the evidence that the jury was not and could not have been misled by it to the injury of appellant, it will afford no ground for reversal.</p> <p>2. It is competent to prove the number of stock of a particular brand running in a range by the opinion of stock men accustomed to ride in quest of other stock through the same range, if it be the best evidence within reach of the party offering it, though the witnesses may have had no interest in nor charge of the stock inquired about.</p> <p>3. When a misrepresentation is charged as a ground for avoiding a contract, it is competent te prove that the party alleged to have been defrauded was ignorant, by reason of his calling, character and associations, of the matter to which the contract related.</p> <p>4. An affidavit filed in this court, having for its object to discredit a statement of facts made out and signed by the judge who tried the case below, cannot be regarded.</p> <p>5. See this case for facts held sufficient to avoid a contract on account of misrepresentations made by the party seeking to enforce it.</p>