Pyle v. Eastern Seed Co.

Mr: Justice Taylor,

dissenting.

I respectfully dissent from the opinion of the majority. Jones v. George, 61 Texas 345. The sole point of difference is whether Pyle is entitled to .judgment for the price ($400.00) paid the company for- the seed it delivered him on the order made for Babosa onion seed. It is my opinon that he was. The majority •say that a decision of whether he “has a good cause of action*’ for the recovery of “the purchase price paid,” is immaterial; and this, because of what the majority call Pyle’s “two-fold theory of recovery.” The majority designate his first theory as “one…