Eldridge v. Poirier

In Eldridge v. Poirier, 50 S.W.2d 888 (Tex. Civ. App.--Dallas 1932, writ ref'd), the Court construed the language in a contract in which "the name of Eldridge was erroneously written for that of Mayfield at three places in the contract." The Court stated that the error was "obvious" and explained: "The doctrine is well established that written contracts will be construed according to the intention of the parties, notwithstanding errors and omissions, when, by perusing the entire document, the errors can be corrected and omissions supplied, and, to this end, words, names, and phrases misused may be omitted entirely, and words, names, and phrases obviously intended may be supplied. We hold, therefore, that the appearance of the name of Eldridge instead of that of Mayfield at the three places in the contract resulted from errors; that by perusing the entire instrument the errors can, and should be, corrected by construction so as to effectuate the intention of the parties." Id. at 891.