Legal Opinion

Braden-Zander Const. Co. v. Seng

Court of Appeals of Texas

Decided November 10, 1915No. 5531PublishedCited by 4 opinions

Appeal from Bexar County Court for Civil Cases; John H. Clark, Judge. Action by W. S. Seng against the Braden-Zander Construction Company and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtMoursund, J.

Appellee Seng sued appellants upon five promissory notes, and to foreclose a chattel mortgage upon a cement mixer and appliances. The notes were payable to Waterloo Cement Machinery Corporation, and indorsed by said company to appel-lee, who was agent for the company in the transaction involving the sale of the cement mixer to appellants and the execution of the notes and mortgage.

Appellants pleaded that the 'chattel mortgage contained the following provision:

“It is understood by me that you guarantee that this mixer has the capacity claimed above. I agree to give this machine a thorough and…

2Cited by4 opinions

  1. Universal Credit Co. v. ColeCourt of Appeals of Texas · 1940
  2. Island Lake Oil Co. v. HewittCourt of Appeals of Texas · 1922
  3. Coleman v. StateCourt of Criminal Appeals of Texas · 1930
  4. P. B. Yates MacH. Co. v. GroceCourt of Appeals of Texas · 1925

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