Miller-Stone MacHinery Co. v. Balfour

BOOKHOUT, Associate Justice.

This suit was instituted by Thos. Balfour against the Miller-Stone Machinery Company, William Capps, and G. E. White for the rescission of a contract and for damages sustained by a breach thereof.

Plaintiff alleges that on the 16th day of July, 1897, plaintiff and defendant Miller-Stone Machinery Company, entered into a contract whereby plaintiff purchased and defendant agreed to deliver to him in Sherman, Texas, certain machinery (a gin outfit) by August 20, 1897, and represented and warranted that the same would, with proper management, perform well, and that said…