Gammage v. Moore

Citations

• 42 Tex. 170

Syllabus

<p>1. Mistake in written contract.—Where an agreement to pay a sum in gold is reduced to writing, but by mistake the word “ gold ” is not written in the contract, the instrument may be reformed to correspond with the real contract, and a decree may be rendered ■ thereon accordingly.</p> <p>2. Presumption in favor OF verdict.—On a suggestion of delay, when there is no statement of facts, nor averment in the petition as to the date of a contract on which the plaintiff below recovered, the contract will be presumed to have been executed under a statute which would permit the verdict to stand, and not under a statute repealing the former law, and which might defeat the verdict.</p>