Gano v. Palo Pinto County

Citations

• 71 Tex. 99
• 8 S.W. 634
• 1888 Tex. LEXIS 1107

Syllabus

<p>1. Case Followed.—Palo Pinto County v. Gano, 60 Texas, 250.</p> <p>3. County Commissioners Court—Contract.—It can not be permitted to a party suing upon a contract made with the county, entered upon the minutes of the commissioners court, to prove by parol an additional stipulation adding to or varying the effect of the minutes entry of the contract.</p> <p>3. Mistake—Pleadings.—In order to reform an instrument for a mistake so as to embody in it additional terms and enforce it as reformed, it should he alleged and proved that the instrument does not express the terms of the contract as agreed upon, and that both parties were ignorant of the omission at the time it was executed.</p> <p>4. Mistake in Entry Upon Minutes of County Court.—If the entry of the contract did not express the agreement the parties should have had the entry corrected by motion and before acting upon it.</p> <p>5. Custom—Duty of County Commissioners —It is the duty of the county commissioners court to select such agents as may be necessary to assist them in the discharge of their duties (such as sub dividing and classifying for sale school lands belonging to the county), when such agents necessarily have to exercise judgment and discretion in the performance of the work assigned them. Such duty should not be delegated. A custom to do so would be unreasonable and should not be obligatory.</p> <p>6. Custom—Pleading.—The existence of a custom among county courts to so delegate the work of sub-dividing, etc., their school land, such custom should have been pleaded. •</p>