Texas Supreme Court

James T. Taylor and Son, Incorporated v. Arlington Independent School District

April 27, 1960160 Tex. 617

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' order remanding the case for a new trial, holding that the trial court erred in granting summary judgment because genuine issues of fact existed as to whether a unilateral mistake in a public bid was remediable and whether ordinary negligence barred equitable relief. The majority explained that ordinary negligence does not automatically preclude rescission and that the record raised factual disputes requiring jury determination. Two concurring justices agreed with the result, emphasizing the factual issues of mistake and remediability.