Routh v. Caron
Texas Supreme Court
Appeal from Runnells. Tried below before the Hon. Wm. Kennedy. Appellants’ second amended original petition alleged that about September 1, 1883, plaintiff bought of defendant several tracts of land, described in the amendment by metes and bounds, and also one thousand and seventy-five head of sheep, for the gross sum of $13,353.99, the amount to be paid in amounts, and at times, as described in the petition; that the one thousand and seventy-five head of sheep were sold and…
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Appeal from Runnells. Tried below before the Hon. Wm. Kennedy. Appellants’ second amended original petition alleged that about September 1, 1883, plaintiff bought of defendant several tracts of land, described in the amendment by metes and bounds, and also one thousand and seventy-five head of sheep, for the gross sum of $13,353.99, the amount to be paid in amounts, and at times, as described in the petition; that the one thousand and seventy-five head of sheep were sold and bought at the price of $3.85 per head, or the aggregate sum of $4,138.75. That the defendant, on the day of purchase,…
1Opinion of the Court
Stayton, Associate Justice.
From the manner in which this case was presented by demurrers in the court below, and from the brief of counsel tiled in this appeal by counsel for appellee, it is probably true that the question considered in the district court was whether by parol evidence the warranty contained in the deed made by appellee to the appellants could be enlarged and made to extend to a warranty of the soundness of the sheep sold.
That was not the question in the case. The question was whether or not the representations alleged to have been made by the appellee to the appellants, in…
2Cases cited1 opinion
- Wintz v. MorrisonTexas Supreme Court · 1856
3Cited by7 opinions
- J. I. Case Threshing MacH. Co. v. WebbCourt of Appeals of Texas · 1915
- Melody Home Manufacturing Co. v. MorrisonCourt of Appeals of Texas · 1973
- Horton v. TyreeWest Virginia Supreme Court · 1926
- Texarkana Motor Co. v. BrashearsCourt of Appeals of Texas · 1931
- Kirby v. ThurmondCourt of Appeals of Texas · 1913
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