Petrey v. John F. Buckner & Sons

HALE, Justice.

The parties will be referred to here as they were in the trial court. Plaintiff sued for damages on account of the alleged breach of a written contract. He set forth a verbatim copy of the contract in his trial petition. Defendant answered with a general denial, a plea that the contract sued upon was entered into as the result of a mutual mistake, that it did not contain the entire agreement of the parties, and that plaintiff had been released from the contract at his request and had voluntarily abandoned any right he might have acquired under the same.

The case was submitted to…