Jones v. George
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. II. Stewart. W. J. Jones brought suit against E. F. George to recover on a breach of warranty.
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Appeal from Galveston. Tried below before the Hon. W. II. Stewart. W. J. Jones brought suit against E. F. George to recover on a breach of warranty. The petition alleged that, in the year 1873, appellant was a farmer, engaged in growing Sea Island cotton on his farm, in the county of Galveston; that he had planted and cultivated about one hundred and sixty acres of land in cotton on his farm; that about the month of July, 1873, his cotton was clear of grass and weeds and in a high state of cultivation, and heavily fruited with bolls and blooms, when the cotton worm began to make its…
1Opinion of the Court
Stayton, Associate Justice.
— It is not pretended that the seller
warranted the article sold to be such a substance as would accomplish the purpose desired by the buyer; but it is certainly true that he sold and delivered it as and for “ Paris green;” that it was for this the parties mutually contracted, and that the delivery of something else was not a compliance with the contract, it not being shown that the purchaser bought the substance delivered, taking upon himself not only the risk of quality, which is the matter to which warranty applies, but also of kind. It is evident that the buyer…
2Cases cited38 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Griffin v. . ColverNew York Court of Appeals · 1858
- White v. . MillerNew York Court of Appeals · 1877
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
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3Cited by125 opinions
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- Gonzales v. City of GalvestonTexas Supreme Court · 1892
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- Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
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