P. B. Yates MacH. Co. v. Groce

As the majority opinion correctly recites, the appellees not only plead the waiver of the so-called 30-day provision both as to the specified time and as- to the return of the machine vel non, but the jury also found on sufficient evidence that such waiver occurred. We therefore, it seems to me, have a case presenting the very question the Commission of Appeals expressly did not decide in Nunn v. Brillhart, 242 S. W. 459, the sole citation in support of this decision. There the action upon appeal was only between the surety on the bond o£ the contractors for the beating system and the owner…