Alba-Malakoff Lignite Co. v. Hercules Powder Sales Co.
Texas Commission of Appeals
Error to Court of Civil Appeals of Fifth Supreme Judicial District. Action by the Hercules Powder Sales Company against the Alba-Malakoff Lignite Company. From a judgment for plaintiff, defendant appealed to the Court of Civil Appeals and on affirmance of the judgment below (219 S. W. 554) brings error.
1Opinion of the CourtGallagher, J.
Hercules Powder Sales Company, defendant in error, sued Alba-Malakoff Lignite Company, plaintiff in error, and alleged that it sold and delivered to said Lignite Company 900 kegs of blasting powder at the agreed price of $1.85 per keg, amounting in the aggregate to $1,665. The Lignite Company pleaded that before the purchase of said powder it informed the Powder Sales Company that it desired to use said powder for blasting lignite in its mines, and that the said company represented and warranted the powder so purchased to be of standard quality, and that it believed said representations and…
2Cases cited3 opinions
- Brantley v. ThomasTexas Supreme Court · 1858
- Gutta Percha & Rubber Manufacturing Co. v. City of CleburneTexas Supreme Court · 1908
- Alba-Malakoff Lignite Co. v. Hercules Powder Co.Court of Appeals of Texas · 1920
3Cited by8 opinions
- Robert & St. John Motor Co. v. BumpassCourt of Appeals of Texas · 1933
- Swift v. Roach.Court of Appeals of Texas · 1924
- McCown v. JenningsCourt of Appeals of Texas · 1948
- Zachry v. McKownCourt of Appeals of Texas · 1959
- Dowd v. KlockCourt of Appeals of Texas · 1924
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