J. B. Colt Co. v. Ellis

We do not deem it necessary to set out in detail the facts, pleadings, and issues involved in this case. The identical contract involved here was passed upon in Colt Co. v. Reeves (Tex. Civ. App.) 266 S. W. 564, and Colt Co. v. Kelly (Tex. Civ. App.) 270 S. W. 942, in each of which cases substantially the same defenses were urged as in the instant case. In each of those cases, as here, the suit was by this appellant upon notes given in payment, under said contract, for a carbide light plant. The defense was breach of warranty, in that the plant did not meet the representations of the agent,…