Watson v. J. K. Walker & Co.

Citations

• 67 Tex. 651
• 4 S.W. 576
• 1887 Tex. LEXIS 940

Syllabus

<p>1. Secondary Evidence.—When a fact which from its nature and the circumstances surrounding it is susceptible of direct proof, the absence of which proof is not explained, evidence secondary in its character and tending remotely by inference to establish it should be excluded.</p> <p>2. Construction of Contracts.—Courts will not supply omissions in contracts, from a failure to insert which loss or inconvenience may have resulted to one of the contracting parties. An instruction given in a suit to recover for a breach of contract, which assumes that time was of the essence of the contract, and predicates the right to recover on that fact when there is nothing on the face of the contract to justify the assumption, presents a false issue, and is error.</p>