Wright v. Davenport
Texas Supreme Court
Appeal from Gregg. Tried below before the Hon. Z. Horton. This was a suit by appellants on a note for balance due for a steam engine. The defendant pleaded in reconvention that the engine was not such as was guaranteed in the contract. Judgment was rendered for the defendant, from which an appeal was taken. The facts are sufficiently stated in the opinion.
1Opinion of the Court
Moore, Associate Justice.
Suit was brought by appellants in the District Court of Gregg county against appellee, on a note for nine hundred and twenty-four T^- dollars, for balance agreed to be paid for “ a 16-horse-power portable engine, complete, with governor,” bought of appellants, and to foreclose a mortgage given by appellee on said “ engine, with governor attached, and fixtures,” to secure the payment of said note.
Appellee answered by a general exception, general denial, and that appellants guaranteed said engine, when put in good running order, to saw four thousand feet of pine lumber…
2Cited by55 opinions
- Smith v. KinslowCourt of Appeals of Texas · 1980
- Graves v. Allert FuessTexas Supreme Court · 1912
- Jesse French Piano & Organ Co. v. ThomasCourt of Appeals of Texas · 1904
- Florida Athletic Club v. Hope Lumber Co.Court of Appeals of Texas · 1898
- Fetzer v. HaralsonCourt of Appeals of Texas · 1912
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