McAfee v. Robertson

Citations

• 41 Tex. 355

Syllabus

<p>1. New trial.—Where the plaintiff supported his ease by his own testimony, and is not contradicted by evidence in behalf of defendant, a verdict of the jury for the defendant should be set aside and a new trial granted.</p> <p>2. Miscalculation.—A mistake in calculation appearing in the pleadings, and sworn to, does not furnish ground for disregard of the. testimony of the party whose attorney made such mistake.</p> <p>3. Wife’s authority to contract in husband’s absence.—In a suit for necessary repairs done upon the homestead at request of the wife, during the protracted absence of the husband, it is error to instruct the jury that such contract, to be binding on the husband must be ratified by him.</p>