Texas Electric Service Co. v. Commercial Standard Insurance Co.

OPINION

SPURLOCK, Justice.

A Plaintiff appeals a judgment dismissing its suit with prejudice after special exceptions to its Third Amended Original Petition were sustained and no further amendment was made. The suit was for recovery on a performance bond after the principal on the bond breached its contract with the plaintiff. The main question in this case is whether the plaintiff was required to plead which party to the contract and performance bond actually prepared the instruments, mutual mistake or other facts which would entitle the plaintiff to reformation of the instruments.

We reverse…