Nunn v. Brillhart
Court of Appeals of Texas
Appeal from District Court, Dallas County; E. B. Muse, Judge. Action by Jacob H. Brillhart against Simp-sou & Co. and W. G. Nunn. Erom judgment for plaintiff, defendant Nunn appeals.
1Opinion of the CourtBoyce, J.
Jacob H. Brillhart, as owner of a building in Dallas, Tex., made a contract with Simpson & Co., by which Simpson & Co. agreed, for the consideration of $840, to install a hot-water heating system in Brill-hart’s building. The contract contained this provision:
“Contractor guarantees said system to raise temperature to 70° Fahrenheit, in each room of first and second floors of said building, in zero weather, and to supply two gallons of water per minute for periods necessary in household use for a period of one year. Failing to do this, contractor shall remove all portions and parts of system…
2Cases cited13 opinions
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Benjamin v. HillardSupreme Court of the United States · 1860
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Graves v. Allert FuessTexas Supreme Court · 1912
- Pecos & N. T. Ry. Co. v. McMeansCourt of Appeals of Texas · 1916
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3Cited by4 opinions
- Canales v. Bank of CaliforniaCourt of Appeals of Texas · 1958
- Nunn v. BrillhartTexas Commission of Appeals · 1922
- Terry v. WitherspoonCourt of Appeals of Texas · 1923
- Panhandle & S. F. R. Co. v. ShellCourt of Appeals of Texas · 1924