Rattan v. Dicker

WILLIAMS, Justice.

Summary judgment proceeding. Rule 166-A Texas Rules of Civil Procedure. The principal question involved in this appeal is whether a court of equity will grant a reformation of a written indorsement of a promissory note, based upon allegations of mutual mistake of the indorser and transferee of the note. If reformation is proper then the question is presented as to whether parol testimony is admissible to create an issue of fact as to whether the parties mutually intended that the blank indorsement was to be “without recourse”. We have reached the conclusion that the remedy…