Lone Star Olds Cadillac Co. v. Vinson

LOONEY, Justice.

Earl F. Vinson sued the Lone Star Olds Cadillac Company to recover damages for the alleged breach of warranty in regard to the mechanical condition of a used car, purchased by plaintiff from the defendant. Plaintiff recovered below, from which the defendant appealed and, on original submission, we reversed the judgment below and rendered judgment for the defendant. On rehearing, the majority has reached the conclusion that error was committed in reversing and rendering, but rather that, the judgment below should have been affirmed.

In October, 1940, plaintiff purchased from the…