Gilliam v. Alford

Citations

• 69 Tex. 267
• 6 S.W. 757
• 1887 Tex. LEXIS 816

Syllabus

<p>L Voluntary Settlements — Compromise.—If a doubt exists between parties as to their rights, and both have the same knowledge, or means ©f knowledge, relating to facts involving such rights, and there is no fraud, misrepresentation or concealment, a compromise voluntarily made between them will be enforced, although the final issue may be different to that anticipated, and although the disposition made by the parties in their agreement may not be such as the court would have decreed had the controversy been brought before it for decision. See opinion for a eettlement between a surviving wife and the purchaser of an interest in a benefit certificate issued by the American Legion of Honor, illustrating this rule.</p> <p>2. Mistake of Law. — Money paid under a mistake of law with respect to a liability to make payment, but with full knowledge of all the facts on which the claim for payment is based, and on which the right to resist. payment depends, can not ordinarily be recovered back.</p>