Curry v. Texas Co.

The very full and clear statement of the views of the majority of the court upon rehearing makes it unnecessary for the writer, who is not in accord with the conclusions reached, to consume a great deal of space in stating the grounds of his dissent.

There is first involved a question of pleading. Whatever difference of opinion there may be as to whether “½ of ⅛ of .08 cents” is or is not ambiguous, there can be little doubt, I think, that plaintiff’s pleading is ambiguous to say the least, wherein same undertakes to allege either or both mutual mistake and ambiguity. The pleading being…