Howard v. Lee

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The rulings announced in the first and second head-notes do not require elaboration.

Special ground 4 of the amended motion for a new trial complains of the charge: The petitioner asks “that a certain contract be canceled, that is, the part as to the sale of the land. She alleges and claims that she sold a tractor, but the part of the contract that alleges that she sold the land she asks to be canceled. That is what is known as reformation of a contract.” This instruction was not, as contended, error as being the expression of an…