Dignowitty v. Alexander

Citations

• 25 Tex. 162

Syllabus

<p>Where parol evidence was admitted to vary a written instrument, the error will not be revised, if the fact proved were immaterial at the time of the trial.</p> <p>Where a party prayed an injunction on other grounds, and after answer amended, stating that at the time the trustee was proceeding to sell the land, to restrain which the injunction had been obtained, the note was not due, but this amendment came after the note was due, and the defendant pleaded the note and deed of trust in reconvention, there was no error in giving judgment for the defendant, the note being due at the date when these pleadings were filed.</p>