Legal Opinion

Hubbs v. Marshall

Court of Appeals of Texas

Decided February 20, 1915No. 8109Published

Appeal from Tarrant County Court; Chas. T. Prewitt, Judge. Action by Joe Hubbs against O. L. Marshall. From a judgment for defendant, after a trial de novo on appeal from a justice court, plaintiff appeals. Reversed and rendered.

1Opinion of the CourtConner, C. J.

In the county court, on appeal from a justice court, a trial de novo was had upon appellant’s claim that he had been defrauded by appellee in the purchase of a horse. The case was submitted upon special issues, and judgment was rendered for appellee on the answers of the jury given thereto. The issues and verdict are as follows:

“Gentlemen of the Jury: In this cause you are instructed to answer the following questions :
“First question: Did the defendant represent the horse to be well broke, double and single, and suitable for a woman to drive? Answer yes or no.
“Second question: Did plaintiff…

2Cases cited7 opinions

  1. Missouri, Kansas & Texas Railway Co. v. HendricksCourt of Appeals of Texas · 1908
  2. Hallwood Cash Register Co. v. BerryCourt of Appeals of Texas · 1904
  3. Houston Motor Car Co. v. BrashearCourt of Appeals of Texas · 1913
  4. C. Aultman & Co. v. YorkTexas Supreme Court · 1888
  5. Jesse French Piano & Organ Co. v. NolanCourt of Appeals of Texas · 1905

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