In Spellman v. American Universal Investment Co., 687 S.W.2d 27 (Tex. App.--Corpus Christi 1984, writ ref'd n.r.e.), the plaintiffs owned a 16/28 interest in minerals. A jury found that they had been induced by fraud to convey a 14/28 interest (a one-half interest) under a lease when they intended to convey only one-half of what they owned, which would have been 8/28. However, the jury also found that the plaintiffs had ratified the lease when they accepted delay rentals and royalties after they knew of the fraud. The court of appeals held that ratification of the lease foreclosed the plaintiffs from rescinding or reforming the lease. Spellman, 687 S.W.2d at 31-32. They were thus left with their bargain and had no means of recovery. In the course of the opinion in Spellman, the court of appeals quoted language from its earlier decision in Wise v. Pena, 552 S.W.2d 196 (Tex. Civ. App.--Corpus Christi 1977, writ dism'd), which had indicated that the right to sue for damages could be waived by ratification of a fraudulently induced contract: "Ratification is the adoption or confirmation by a person with knowledge of all material facts of a prior act which did not then legally bind him and which he had the right to repudiate. Ratification occurs when one, induced by fraud to enter into a contract, continues to accept benefits under the contract after he becomes aware of the fraud or if he conducts himself in such a manner as to recognize the contract as binding.... Once a contract has been ratified by the defrauded party ..., the defrauded party waives any right of rescission or damages."Spellman, 687 S.W.2d at 29-30 (quoting Wise, 552 S.W.2d at 199-200).