Lucchese v. Thomas Goggan & Bros.

This a controversy between Lucchese, operating the National Theater, and Goggan & Bros., dealers in musical instruments. Both parties are domiciled in the city of San Antonio. In March, 1917, the parties entered into a written contract, under the provisions of which Lucchese purchased a pipe organ from the Goggans, who obligated themselves to set up the instrument in Lucchese’s theater. The written contract contained the following, among other provisions: ■ ,

“The builder agrees that the organ when completed shall be first class in every respect, and agrees to correct defects in material or…