Legal Opinion
McClellan v. Scardello Ford, Inc.
Court of Appeals of Texas
Decided July 15, 1981No. 9295PublishedCited by 4 opinions
1Opinion of the Court
REYNOLDS, Chief Justice.
One who agreed to purchase a truck on delivery, but which was undelivered due to its destruction by fire, and his insurance carrier were adjudged liable to the seller for the purchase price of the truck. The adjudication of liability being without support in the record, we reverse and render.
J. W. McClellan, Jr. and Scardello Ford, Inc. 1 negotiated for McClellan’s purchase of a truck meeting his specifications. McClellan was to pay Scardello $26,827 in cash when the truck, equipped as specified, was delivered in Dalhart, Texas. Scardello located at a dealership in…
2Cases cited12 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- McBroome-Bennett Plumbing, Inc. v. Villa France, Inc.Court of Appeals of Texas · 1974
- Southland Life Insurance v. VelaTexas Supreme Court · 1949
- Adams v. American Quarter Horse Ass'nCourt of Appeals of Texas · 1979
- Buckner Orphans Home v. BerryCourt of Appeals of Texas · 1960
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3Cited by4 opinions
- Neel v. Tenet Healthsystem Hospitals Dallas, Inc.Court of Appeals of Texas · 2012
- Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc., Texas Court of Appeals, 3rd District (Austin)2015
- Majestic Cast, Inc. v. Majed Khalaf D/B/A ProCon Paving and Construction, Inc., Texas Court of Appeals, 5th District (Dallas)2013
- Steven C. Albright and Rhonda Albright v. Rhea & Sons Enterprises, Inc. D/B/A Rhea Plumbing, Texas Court of Appeals, 3rd District (Austin)2015