Sewell Paint & Glass Co. v. Booth Lumber & Loan Co.

For convenience we shall designate the Sewell Paint & Glass Company as the paint company, and Booth Lumber & Loan Company as the lumber company.

In the present suit the lumber company sued the paint company in the district court of Dallas county, Tex., to recover damages for the breach of a verbal warranty. Trial in the district court with a jury resulted in a verdict and judgment for the lumber company in the sum of $1,567.61. This judgment was affirmed by the Court of Civil Appeals at Dallas. 34 S.W.(2d) 650. The paint company brings error.

In July, 1925, the paint company contracted to sell…