Stuart v. Denman

SPEER, Justice.

This suit was instituted by O. H. Den-man against Robert A. Stuart, seeking an equitable recovery for restitution of a part of the consideration paid for a tract of land alleged to be short in acreage, growing out of a mutual mistake between the parties at the time of a deal closed November 30, 1937.

In so far as is necessary to here state plaintiff’s pleadings upon which he went to trial, they are: That the parties closed a deal on the date mentioned by which they exchanged tracts of land, defendant Stuart taking a tract of about 317 acres in Tarrant County, upon the basis of…