Walter A. Wood Mowing & Reaping MacHine Co. v. Hancock
Court of Appeals of Texas
Appeal from the-County Court of Wilbarger. Tried below before Hon. J; W. Blankinship. This suit was brought by appellee against appellant, the plaintiff alleging the sale to him of a harvesting machine by the defendant company, and that the agent of defendant misrepresented the machine; that it did inferior and defective work; that the defendant’s agent agreed that if it did not do good work plaintiff would not have to pay for it; that he paid $25 cash on the purchase, and…
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Appeal from the-County Court of Wilbarger. Tried below before Hon. J; W. Blankinship. This suit was brought by appellee against appellant, the plaintiff alleging the sale to him of a harvesting machine by the defendant company, and that the agent of defendant misrepresented the machine; that it did inferior and defective work; that the defendant’s agent agreed that if it did not do good work plaintiff would not have to pay for it; that he paid $25 cash on the purchase, and gave two notes for 858.75 each; that defendant transferred the notes to a bank, which brought suit at Dallas, Texas, on…
1Opinion of the Court
STEPHENS, Associate Justice.
The judgment in this case must be reversed and the cause remanded for a new trial on the following grbunds: The exceptions of appellant to that part of appellee’s petition which alleged- as items of damage the costs of the Dallas suit, including the attorney fee, should have been sustained, and these items should not have been submitted to the jury as part of the damage.
There was error also in sustaining the exceptions of appellee to appellant’s plea of limitation against the claim of $250 for loss of the oat crop of 1888. When this suit was brought, July 26, 1890,…
2Cases cited2 opinions
- Bass v. JamesTexas Supreme Court · 1892
- Robinson v. VarnellTexas Supreme Court · 1856
3Cited by9 opinions
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- Brooks Fashion Stores, Inc. v. Northpark National Bank, Texas Court of Appeals, 5th District (Dallas)1985
- Bishop-Babcock-Becker Co. of Texas v. JenningsCourt of Appeals of Texas · 1922
- Kain v. Arizona Copper Co.Arizona Supreme Court · 1913
- Tou Velle v. Farm Bureau Co-op. ExchangeOregon Supreme Court · 1924
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