Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 170
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170 GAMMAGE V. MOORE. [Tyler Term,
Opinion of the court.
T. T. GAMMAGE V. MOORE & MOORE.
1. 3ISTAKE IN WRITTEN CONTRACT.-Where an agreement to pay a
sum in gold is reduced to writing, but by mistake the word "L goldt
is not written in the contract, the instrument may be reformed to
correspond with the real contract, and 'a decree may be rendered
2. PRESUMPTION IN FAVOR OF VERDICT.-On a suggestion of delay,
when there is no statement of facts, nor averment in the petition as
to the date of a contract on which the plaintiff below recovered, the
contract will be presumed to lIave been executed un(ler a statute
which would permit the verdict to stand, and not under a statute
repealing the former law, and which might defeat the verdict.
ERROR from Anderson. Tried below before the Hon
John G. Scott.
Long ) Long, for plaintiff in error.
Reagan & Greenwood, for defendants in error.
ROBERTS, CHIEF JUSTICE.-This was a suit on a note and
for mechanics' lien, in which plaintiffs below obtained o
judgment for both, as prayed for in their petition.
Theie is no statement of facts in the transcript, although
there was a trial by a jury, after answer of defendant
below contesting the claim of plaintiff, particularly on two
points, that the judgment should not be rendered for gold,
and that plaintiffs below had no rigit to the mechanics' lien.
The defendants in error having suggested delay, and
thereby opened the record for the consideration of any
substantial errors therein, upon investigation it is concluded
that the only question in the case, in the absence
of a statement of facts, is, will the petition sustain the verdict
of the jury, supposing, as we must, that all the facts,
well pleaded in it, were proved on the trial.
The note is given for "dollars," executed on the 24th
day of April, 1872. The petition alleges that the note
was given for the balance due upon the completion of
Maxa Hall," in the town of Palestine, under a contract in
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/178/: accessed October 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .