Zachry v. McKown

GRAY, Justice.

Appellant sued appellees for damages for the breach of a written warranty and has appealed from a judgment rendered non obstante veredicto.

Appellant was awarded a construction contract in the performance of which a large amount of sand and gravel was required. To supply his needs for sand and gravel appellant purchased from appellees for a consideration of $750,000 all of the outstanding capital stock of Austin Sand and Gravel Company. This stock and the company were owned by appellees. The assets of this company consisted of sand and gravel leases, asphalt and sand and gravel…