D & H CO., INC. v. Shultz

DAVISON, Justice:

Appellant, D & H Company, Inc., a Texas corporation, doing business as Carriage Cleaners, purchased used dry cleaning equipment from Walt Shultz, an individual, doing business as Walt Shultz Equipment and Manufacturing Company. The used equipment, prior to delivery, was to be rebuilt, and was warranted as such. Prior to delivery of the equipment, the manufacturing company changed hands. The purchaser, Ray D. Baker, ultimately delivered the equipment. After delivery, Carriage Cleaners experienced great difficulty with the used equipment, and eventually brought suit against…