Jones v. George
Texas Supreme Court
On the 10th day of October, 1815, W. J. Jones brought this suit in the district court of Galveston county against B. F. George, to recover on the breach of warranty.
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On the 10th day of October, 1815, W. J. Jones brought this suit in the district court of Galveston county against B. F. George, to recover on the breach of warranty. The petition and amendments alleged that in the year 1813 appellant was engaged in growing Sea Island cotton in the county of Galveston; that he had at great trouble and expense planted and cultivated about one hundred and sixty acres of land in said cotton; that in July of that year his cotton was in a flourishing condition, when the cotton worm made its appearance in the same; that George was then, and had been for a long time…
1Opinion of the Court
Watts, J. Com. App.
By the amended petition appellant represented that appellee warranted the drug sold and delivered to him to be genuine “Paris green; ” the appellee excepted to the amendment on the ground that it asserted a new cause of action, and that more than two years had elapsed between the breach of the warranty and the assertion of the same by the amendment.
The cause of action was stated in the original petition; the amendment but amplified' the representation contained in the original. There was no new cause of action set up in the amendment, and therefore the statute of…
2Cited by10 opinions
- Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
- Sabine & E. T. R'y Co. v. JoachimiTexas Supreme Court · 1883
- Abilene & S. Ry. Co. v. HermanCourt of Appeals of Texas · 1932
- Swift & Co. v. RedheadSupreme Court of Iowa · 1909
- Needham v. DialCourt of Appeals of Texas · 1893
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