Legal Opinion

Villalon v. Vollmering

Texas Court of Appeals, 13th District

Decided September 6, 1984No. 13-84-036-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

KENNEDY, Justice.

This is a suit for breach of warranty. Appellee sold appellant a bull, guaranteed to be a breeder, which appellant asserts to be a non-breeder. Appellant sued for the return of the purchase price, less the amount realized in selling the bull to third parties. Following a trial to the court, a take-nothing judgment was entered.

On June 16, 1979, appellant purchased a bull from appellee at an auction in Bee County for $5,000. The sale was subject to the terms and conditions published in the catalog, including the following:

8. BREEDING GUARANTEE: All animals are guaranteed…

2Cases cited4 opinions

  1. Cunningham v. Parkdale BankTexas Supreme Court · 1983
  2. General Supply and Equipment Co., Inc. v. PhillipsCourt of Appeals of Texas · 1972
  3. Indust-Ri-Chem Laboratory, Inc. v. Par-Pak Co.Court of Appeals of Texas · 1980
  4. Novak v. Schellenberg, Texas Court of Appeals, 13th District1984

3Cited by9 opinions

  1. Beverly Cole Anita S. Perkins Jewell P. Lowe v. General Motors Corp.Court of Appeals for the Fifth Circuit · 2007
  2. In re Nexus 6P Prods. Liab. Litig.District Court, N.D. California · 2018
  3. Walker v. Sharpe, Texas Court of Appeals, 13th District1991
  4. Bracton Corp. v. Evans Construction Co.Court of Appeals of Texas · 1990
  5. Trevino v. Espinosa, Texas Court of Appeals, 13th District1986

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