American Soda Fountain Co. v. Palace Drug Store

Findings of Fact.

JENKINS, J.

On April 1, 1918, the appel-, lant entered into a written contract with ap-pellee to sell and deliver to it at West, Tex., a seepndhand soda fountain, which was then stored at Malayan’s Confectionary Shop, in Austin, Tex., to he used by appellee in its business of dispensing soda water and ice cream. No representations were made as to the soda fountain except those contained in the written contract. There was no express warranty. Appellant delivered the fountain, and it corresponded to such description. When installed, it was found, however, that the syrup pumps…