E. F. Elmberg Co. v. Dunlap Hardware Co.
Court of Appeals of Texas
Appeal from District Court, Deaf Smith County; Reese Tatum, Judge. Action by the Dunlap Hardware Company against the E. F. Elmberg Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHuff, C. J.
This action was brought by the Dunlap Hardware Company, appellee, against the Elmberg Company, appellant, for damages on an express breach of warranty' of machinery manufactured by appellant, known as “Elmo feed grinders” and “Elmo belt attachments,” for automobiles. It is alleged that appellee entered into a written contract with appellant, by the . terms of which appellant agreed to sell to appellee such machines as appellee might order at and for the price of $18.50 each, f. o. b. Parkers-burg, Iowa. The contract was attached to the petition as an exhibit. It is alleged:
“That by the terms…
2Cases cited25 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Wright v. DavenportTexas Supreme Court · 1875
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Jesse French Piano & Organ Co. v. ThomasCourt of Appeals of Texas · 1904
- Oltmanns Bros. v. PolandCourt of Appeals of Texas · 1911
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3Cited by16 opinions
- Lanphier Construction Co. v. Fowco Construction Co.Court of Appeals of Texas · 1975
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- John Deere Company of Kansas City v. TenbergCourt of Appeals of Texas · 1969
- St. Mary's Oil Engine Co. v. Allen-Morrow Co.Court of Appeals of Texas · 1929
- Swift v. Roach.Court of Appeals of Texas · 1924
11 more not listed; retrieve them via the Exa API.