Southwestern Industrial Products Company v. Chippewa Molding, Inc.

JOHN R. BROWN, Circuit Judge.

Involved here are questions under Texas law relating to delivery of defective goods by a seller, the use thereof by the buyer after knowledge of possible defective characteristics, payment, complete or partial, by the buyer and the significance, whether as a matter of fact or law, of such circumstances as constituting waiver of the breach by the buyer. The District Court, without opinion, entered an order which is self-described as a judgment “notwithstanding such verdict” allowing recovery in full to the Seller (Chippewa) for the outstanding unpaid balance of the…