W. D. Sessums Motor Co. v. White
Court of Appeals of Texas
Appeal from District Court, Smith County; J. R. Warren, Judge. Suit by Jo. J. White against the W. D. Sessums Motor Company. Judgment for plaintiff, and defendant appeals. Appellants, W. D. Sessums and B. W. Crane, both of whom resided in Longview, Gregg county, as partners under the name “W. D. Sessums Motor Company,” engaged in the business of selling automobiles at Tyler, Smith county.
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Appeal from District Court, Smith County; J. R. Warren, Judge. Suit by Jo. J. White against the W. D. Sessums Motor Company. Judgment for plaintiff, and defendant appeals. Appellants, W. D. Sessums and B. W. Crane, both of whom resided in Longview, Gregg county, as partners under the name “W. D. Sessums Motor Company,” engaged in the business of selling automobiles at Tyler, Smith county. H. D. Boone, as their agent, had charge of their business at Tyler, but about once a week one of the appellants would go to that place and go over the business transacted there. About March 15, 1920, Boone,…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). [1] So far as the representations were actionable, they were express warranties, and as such became a part of the contract between the parties; and we think the suit should have been predicated on them as warranties, and not as misrepresentations of fact constituting fraud. But if it had been appellee would not have been entitled to a rescission on the case made by the testimony, for there was no provision in the contract authorizing appellee to rescind it if the car was found to be defective in respects covered by the warranties. The…
2Cases cited3 opinions
- Wright v. DavenportTexas Supreme Court · 1875
- Jesse French Piano & Organ Co. v. ThomasCourt of Appeals of Texas · 1904
- Texas-Kalamazoo Silo Co. v. AlleyCourt of Appeals of Texas · 1915