Brantley v. Thomas
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by appellee, upon a promissory note for <$323* 31. Appellants pleaded a total failure of the consideration, and alleged, that the note sued upon was given in payment for ten boxes of tobacco, sold to them by appellee, by his agent; that said tobacco was sent, by appellee, from New York, upon the order of appellants, and was entirely worthlesss, rotten, and unfit to use or sell; that the same was of a…
Read the full summary
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by appellee, upon a promissory note for <$323* 31. Appellants pleaded a total failure of the consideration, and alleged, that the note sued upon was given in payment for ten boxes of tobacco, sold to them by appellee, by his agent; that said tobacco was sent, by appellee, from New York, upon the order of appellants, and was entirely worthlesss, rotten, and unfit to use or sell; that the same was of a different quality from that contracted for, by the order given by them; that the agent represented said tobacco as a…
1Opinion of the CourtBell, J.
There are no questions, about which the decisions of the courts of this country and of England, have been mo're *273various, than they have been concerning those questions which so often arise out of the doctrine of implied warranties. And even upon the question of warranty itself, the decisions are extremely contradictory. In cases of express warranty, few difficulties are encountered, and the rules of law are sufficiently certain and fixed. The difficulties, of which the books are full, arise in cases where the questions are, whether there is an implied warranty, or not, and what are the…
2Cited by26 opinions
- Aultman & Taylor Co. v. HefnerTexas Supreme Court · 1886
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Gutta Percha & Rubber Manufacturing Co. v. City of CleburneTexas Supreme Court · 1908
- Weed v. DyerSupreme Court of Arkansas · 1890
21 more not listed; retrieve them via the Exa API.