Gutta Percha & Rubber Manufacturing Co. v. City of Cleburne
Texas Supreme Court
Error to the Court of Civil Appeals Eifth District in an appeal from Johnson County. The Manufacturing Co. sued the city of Cleburne on its promissory notes and, obtaining judgment for less than it claimed, prosecuted an appeal resulting in affirmance of judgment. Appellant then obtained writ of error.
1Opinion of the CourtJustice Williams
Leaving out details not essential to our decision, we may state this case as follows:
Plaintiff in error brought the action on two promissory notes executed to it by the city for the prices of two lots of hose sold by plaintiff to the city for use in its fire department. The defendant pleaded that the consideration of the notes had failed insofar as that consideration consisted of the price of one of the lots of hose, for the reason that the hose was not such as the contract of sale warranted it should be and was worthless. The sale and delivery were made under the following warranties: “The…
2Cases cited6 opinions
- Newton v. NewtonTexas Supreme Court · 1890
- Drew v. Harrison & Bros.Texas Supreme Court · 1854
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
- Brantley v. ThomasTexas Supreme Court · 1858
- Williams v. BailesTexas Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Harlington Land & Water Co. v. Houston Motor Car Co.Texas Commission of Appeals · 1919
- Rushing v. Citizens' National Bank of PlainviewCourt of Appeals of Texas · 1913
- Robert & St. John Motor Co. v. BumpassCourt of Appeals of Texas · 1933
- Allison Ranch Co. v. Angelo Auto Electric, Inc.Court of Appeals of Texas · 1940
- L. D. Powell Co. v. SturgeonCourt of Appeals of Texas · 1927
21 more not listed; retrieve them via the Exa API.