Fort Smith v. Fairbanks, Morse Company
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Harris County. Fairbanks, Morse & Co. sued Smith and appealed from a judgment for defendant, which was reversed and rendered in their favor. Smith thereupon obtained writ of error.
1Opinion of the CourtJustice Williams
The defendants in error brought this action against the plaintiff in error to recover the amount due upon a promissory note executed by defendant to plaintiff for the price of a pump and attachments purchased by the former from the latter.
The questions in the case arise upon the cross action of the- defendant for damages resulting from a breach of warranty on the part of plaintiff in the sale of the pump. It appears from the evidence that the pump was delivered and installed according to the contract of sale about June 15, 1902, and after a few days trial, was found not to have the power…
2Cases cited2 opinions
- San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
- Heisch v. AdamsTexas Supreme Court · 1891
3Cited by57 opinions
- Stine v. StewartTexas Supreme Court · 2002
- PPG Industries, Inc. v. JMB/Houston Centers Partners Ltd. PartnershipTexas Supreme Court · 2004
- Kenneth Walker v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1988
- Metal Structures Corp. v. Plains Textiles, Inc.Court of Appeals of Texas · 1971
- Mason v. PetersonTexas Commission of Appeals · 1923
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