Newsom v. Booth

MONTEITH, Chief Justice.

This is an appeal in an action brought in the County Court at Law of Harris County by appellee, E. H. Booth, doing business as Booth Tire Company, against appellant, C. D. Newsom, doing business as Newsom Truck Line, to recover the sum of $250.84 alleged to be due appellee on an open account for tires purchased.

Appellants answered by general demurrer and general denial. By special answer he pled an express warranty that the tires purchased would render the services for which they were purchased. He alleged that said tires had failed to render such service and were of…