Browning-Ferris MacH. Co. v. Thomson

McCDENDON, Chief Justice.

Appeal from an interlocutory order overruling a plea of privilege, seeking to change the venue to the county (Dallas) of appellant’s residence.

The suit was for damage for breach of a contract of sale of machinery; the breach consisting (1) in failure to deliver within the contract (express or implied) time, and (2) in failure of machinery to meet the implied warranty as to quality, in that it was “defectively designed, manufactured and constructed, and was totally unfit and inefficient for the purposes for which it was designed, manufactured and constructed.”

Appellee…