Ruberoid Company, Incorporated v. W. P. Briscoe and Gordon L. Briscoe, Doing Business as Briscoe & Briscoe

HANNAY, District Judge.

Appellees W. P. Briscoe and his son, Gordon L. Briscoe, doing business as Briscoe & Briscoe, a co-partnership, citizens of Cameron County, Texas, sued appellant Ruberoid Company, Inc., a New Jersey Corporation, with an office: in Dallas, Texas, for damages for breach of warranty arising out of the purchase by the appellees of a quantity of appellant’s material (paper known as “Jute-craft”), for use as outer wraps of permanent tree banks in citrus orchards in the Rio Grande Valley of Texas, and, in the alternative, for rescission.

Appellant denied that its agent…