In construing a written contract, the court’s primary concern is to ascertain the parties’ true intentions as expressed in the instrument. Forbau v. Aetna Life Ins. Co., 876 S.W.2d 132, 133 (Tex. 1994); Coker v. Coker, 650 S.W.2d 391, 393
A mutual mistake of fact occurs when the parties to a contract have a common intention, but the written contract erroneously reflects the intention due to a mistake on the part of both parties. Lacy v. Ticor Title Ins. Co.,
Absent pleading and proof of ambiguity, fraud, accident or mistake, a written instrument presumes that all prior agreements of the parties relating to the transaction have been merged into the written instrument and, therefore, that it is fully integrated. Weinacht
In a claim for breach of contract, a complaining party must show: (1) the parties entered into a contract; (2) the contract created duties; (3) one party breached the duties; and (4) another party sustained damages. Shelton Ins. Agency v.