Bishop-Babcock-Becker Co. of Texas v. Jennings

Appellee sued appellant for damages for breach of warranty growing out of the sale by appellant to appellee of a carbonator for use with a soda fountain. He alleged a written contract, attached as an exhibit to the petition, and the breach of an express verbal warranty, as well as an implied warranty. It was further alleged that the carbonator was defective when delivered. Appellee sought to recover special damages for injury to his stock of goods caused by the leaking of the carbonator, for waste of gas, for loss of trade, and for the price of the carbonator, with interest. The cause was…