Archer v. Bucy

Carleton Harris, Chief Justice.

Appellee instituted an action to recover tbe alleged balance due under a conditional sales contract dated August 31,1959, covering one used tractor and one used cotton picker.1 Appellants, Henry Archer and Herschel Murdock, answered, and for their defense alleged breach of express warranty, sought damages and rescission, and pleaded failure of consideration. Subsequently, the answer was amended to allege an implied warranty rather than an express warranty. The case proceeded to trial, during the course of which, the court permitted appellants, over the…