Kanaman v. Hubbard
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. Hubbard & Martin, dealers in automobiles, sued Kanaman, state agent for a certain make of car, to rescind a contract for the sale of an automobile to them and recover back the price paid, alleging that he had led them to purchase and pay for it by the fraudulent device of having a fictitious purchaser offer to buy it from them at once at a profit.
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Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. Hubbard & Martin, dealers in automobiles, sued Kanaman, state agent for a certain make of car, to rescind a contract for the sale of an automobile to them and recover back the price paid, alleging that he had led them to purchase and pay for it by the fraudulent device of having a fictitious purchaser offer to buy it from them at once at a profit. The machine which plaintiff’s had caused the sheriff to seize under writ of attachment, was put to use by him and so depreciated thereby as to bring a…
1Opinion of the CourtJustice Greenwood
The writ of error was granted because of the conflict between the decision of the Galveston Court of Civil Appeals in the case of Taylor v. Felder, 23 S. W., 483, with the decision herein of the Dallas Court of Civil Appeals.
In the former case it was held to be the duty of a plaintiff, causing a distress warrant to be levied on personal property, to see that the property seized was properly treated by the officer and applied to the discharge of the debt sued on, and that hence the defendant whose property was seized could have his debt to the plaintiff credited with any loss incurred through…
2Cases cited3 opinions
- Cravens v. WilsonTexas Supreme Court · 1877
- Kanaman v. HubbardCourt of Appeals of Texas · 1913
- Brunson v. BlairCourt of Appeals of Texas · 1906
3Cited by14 opinions
- Texas Industrial Trust, Inc. v. LuskCourt of Appeals of Texas · 1958
- Nance v. McClellanTexas Supreme Court · 1936
- United States v. YatesCourt of Appeals of Texas · 1947
- United States v. Liverpool & London & Globe Ins. Co., LimitedCourt of Appeals for the Fifth Circuit · 1953
- Herndon v. CockeCourt of Appeals of Texas · 1940
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