R. K. Chatham & Co. v. Jones

Citations

• 69 Tex. 744
• 7 S.W. 600
• 1888 Tex. LEXIS 931

Syllabus

<p>1. ¡Negligence. — Whether the existence of negligence shall be determined as a conclusion from a given state of facts is a matter of fact to be determined by a jury, unless the things done or omitted are so palpably in disregard of common prudence that a court would not hesitate to say that they constitute negligence.</p> <p>2. Same. — It can not be said as matter of law that the failure of a contracting party to read 'a written contract which he has signed was negligence when though able” to read he could not do so without the use of spectacles, which he did not have, and when he relied on the false representations of the other party as to the contents of the written contract.</p> <p>8. Waiver. — When a written contract has been fraudulently written or changed so as to permit the delivery of specific articles at a latter date than that really agreed on by the parties, a waiver of claim to have them delivered at the true date will not bind the one who is to receive to wait for delivery until the date fraudulently inserted, unless it be made clear that the waiver was thus understood by both parties.</p> <p>4. Evidence. — When one attacks a written conti act by sworn plea of non est factum, on the ground that the contract, though signed by him, did not express the real agreement, he being unable to read it, and that it was fraudulently written, it is not improper to permit him to testify that he would not have signed the written contract if he had known its contents.</p> <p>5. —Damages.—One may recover as damages for a breach of contract requiring the delivery of specific articles on a day certain, when time is of the essence of the contract, such expenses as a man of ordinary prudence would incur in preparation to receive them, acting in the belief that they would be delivered.</p> <p>6. Evidence. — Though, as a general rule, all previous conversations and agreements pertaining to a contract, which is finally reduced to writing, are merged in the written contract