Contract — Settlement of Damages — Repudiation.
One having ground for setting aside a settlement of his claim for damages must act within a reasonable time in repudiating it; this court do not concur in the opinion of the Court of Civil Appeals that only the period of limitation would be a bar to such course, but refuse writ of error because bound by the finding of fact that repudiation herein was within a reasonable time. (P. 37.)
BROWN, ASSOCIATE JUSTICE.
The Honorable Court of Civil Appeals held that the right to repudiate the settlement made in this case by the plaintiff below with the railroad company was not lost by the delay which had occurred, and that delay to signify a repudiation of that settlement for any period of time short of the time prescribed for limitation of the action would not defeat the right to set the settlement aside. We do not indorse the proposition thus stated, but the reasonableness of the delay being one of fact, this court can not pass upon it, for which reason we refuse the application.
Writ of error refused.