Legal Opinion
Neuman v. Spector Wrecking & Salvage Co., Inc.
Court of Appeals of Texas
Decided January 31, 1973No. 7436PublishedCited by 11 opinions
1Opinion of the Court
KEITH, Justice.
The question presented by this appeal is the proper measure of damages to be applied in a suit for breach of warranty of used equipment. Defendant (our appellant) sold to the plaintiff a used truck scale for an agreed price of $3700, plus an additional $553 for installation thereof. Defendant made an express warranty, i. e., “Warranty New Scale as Fac Warranty,” and there is little doubt in our record that there was also an implied warranty that the scales were suitable for the purpose for which they were purchased.
The scales collapsed under the fifth truck to use the same and…
2Cases cited11 opinions
- Texas Construction Rentals, Inc. v. HarrisonCourt of Appeals of Texas · 1966
- Davis Bumper to Bumper, Inc. v. American Petrofina Co. of TexasCourt of Appeals of Texas · 1967
- Cruz v. Ansul Chemical CompanyCourt of Appeals of Texas · 1966
- Craftsman Glass, Inc. v. CatheyCourt of Appeals of Texas · 1961
- Shepherd v. Eric Schuster CorporationCourt of Appeals of Texas · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fargo MacHine & Tool Co. v. Kearney & Trecker Corp.District Court, E.D. Michigan · 1977
- Powell Electrical Systems, Inc. v. Hewlett Packard Co., Texas Court of Appeals, 1st District (Houston)2011
- Chrysler Corp. v. SchuenemannCourt of Appeals of Texas · 1981
- Micromedia v. Automated Broadcast ControlsCourt of Appeals for the Fifth Circuit · 1986
- Valley Datsun v. MartinezCourt of Appeals of Texas · 1979
6 more not listed; retrieve them via the Exa API.