J. B. Colt Co. v. Reeves

(after stating the facts as above). It affirmatively appears in the record that the judgment was based en tirely on the finding of the jury that the lighting plant was “so defective in workmanship or material that it was not the plant which defendant contracted for.” That meant no more than that the warranty in the contract (set out in the statement above) covering the sale and purchase of the plant had been violated. There was no finding, and no basis for one in the testimony, that the warranty, or breach thereof, was “accompanied with fraud.” Wright v. Davenport, 44 Tex. 164. It further…