Cullison v. Pride O'Texas Citrus Association

UDALL, Justice.

Defendants, a Texas copartnership and individuals, advertised two used, cotton pickers for sale representing that they were in “A-l mechanical condition.” Responding to the advertisement, plaintiff, Mr, Cullison, contracted defendants and after some negotiation with their agent arranged to have the machines shipped from Texas to Well-ton, Arizona where plaintiff’s farm was located. Plaintiff paid the cost of shipping the machines although he intended to purchase only one of them.

Plaintiff Cullison intended to be present when the machines were delivered but being unexpectedly…