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FIRST NATIONAL INDEMNITY COMPANY v. CONWAY

No. 16054.

495 S.W.2d 11 (1973)

FIRST NATIONAL INDEMNITY COMPANY, Appellant, v. A. V. CONWAY et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 31, 1973.

Attorney(s) appearing for the Case

Atwell, Malouf, Musslewhite & Bynum, Mark Davenport, Dallas, for appellant.

William R. Vance, Bryan, for appellee, A. V. Conway.

Armond G. Schwartz, Hallettsville, for appellee-intervenor, Hoffer Truck Co.

COLEMAN, Chief Justice.

This is an appeal from a judgment reforming an insurance contract on the ground of mutual mistake, and awarding recovery on the reformed contract. The judgment is reversed.

A. V. Conway sued appellant, First National Indemnity Company to reform a policy of insurance to include within its terms a 1968 International Harvester truck owned by Conway and damaged in a collision near Deming, New Mexico on June 29, 1970. Hoffer Truck Company...

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