Evans v. Renfroe

BLAIR, Justice.

Appellee, Tom Renfroe, sued appellant, J. W. Evans, for reformation of a written lease of a ranch, upon the ground of mutual mistake as to the acreage of the ranch, and to recover the amount of over-payments of rentals made as the result of the mutual mistake as to the acreage of the ranch. In the alternative, appellee sought reformation of the lease and damages in the amount of overpayments of rentals upon the ground that appellant misrepresented the acreage of the ranch; but no issue was requested nor submitted to the jury on this ground of fraud, and it was therefore waived.

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