Donigan v. Polacek

MURRAY, Justice.

This is the third appeal of this cause. Former opinions are reported in 5 S.W.(2d) 792, and Donigan v. Policek, 34 S.W.(2d) 375.

Appellee, Fred Polacek, is now deceased and his estate is represented herein by the administrator of his estate. We will refer to Fred Polacek as though still living.

Fred Polacek instituted this suit in the district court of Nueces county against appellant, V. M. Donigan, seeking rescission of a certain sale of land to him on the ground of fraud or, in the alternative, mutual mistake. He also had a plea for damages, in the event it should be…