Nance v. McClellan

Mr. Judge SMEDLEY

delivered the opinion of the Commission of Appeals, Section B.

Application for writ of error was granted on an assignment of error presenting the contention that to this case should be applied the general rule announced by Russell v. Industrial Transportation Company, 113 Texas, 441, 251 S. W., 1034, 258 S. W., 462, 51 A. L. R., 1, that proof of pecuniary loss or damage is essential in a suit to rescind a contract for fraud. We have reached the conclusion, however, that the case, by reason of its peculiar facts, comes within an established and fundamentally sound exception or…