Legal Opinion

Southern Discount Co. v. Rose

Court of Appeals of Texas

Decided December 15, 1926No. 7649PublishedCited by 5 opinions

1Opinion of the CourtSmith, J.

The Johnson Acetelyne Gas Company is a foreign corporation, domiciled in the state of Indiana, and is engaged in the sale of acetelyne gas plants. Through a soliciting agent in Texas it sold and warranted one of its plants to J. W. Rose of Pleasanton, Atascosa county, Tex., and took the latter’s note for the amount of the purchase price. The plant was sold f. o. b. the car at Crawfordsville, Ind., and Rose, in accordance with the contract of purchase, paid the freight on the shipment as well as the wages of the “service man” who installed the plant in Rose’s home.

Shortly after the execution…

2Cases cited5 opinions

  1. Browning v. City of WaycrossSupreme Court of the United States · 1914
  2. S. R. Smythe Co. v. Ft. Worth Glass & Sand Co.Texas Supreme Court · 1912
  3. S. R. Smythe Co. v. Ft. Worth Glass & Sand Co.Texas Supreme Court · 1912
  4. State Bank of Chicago v. HollandTexas Supreme Court · 1910
  5. York Mfg. Co. v. ColleyCourt of Appeals of Texas · 1914

3Cited by5 opinions

  1. Southern Discount Co. v. RoseTexas Commission of Appeals · 1927
  2. American Soda Fountain Co. v. HairstonCourt of Appeals of Texas · 1934
  3. Rippy v. StateCourt of Criminal Appeals of Texas · 1929
  4. American Soda Fountain Co. v. HairstonCourt of Appeals of Texas · 1934
  5. Malleable Iron Range Co. v. FordCourt of Appeals of Texas · 1940

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