Fontaine v. Davis & Powell
Court of Appeals of Texas
Error to District Court, Bowie County; H. F. O’Neal, Judge. Action by C. Fontaine against Davis & Powell for breach of warranty. From a judgment for defendants, plaintiff brings error.
1Opinion of the CourtWillson, C. J.
Frances Berry, wife of J. H. Berry, owned in her own separate right several tracts of land situated in Marion county, and claimed to also so own a tract of 640 acres situated partly in Marion and partly in Cass county, known as the W. H. Crain 640-acre survey. Mrs. Berry died, leaving lier husband and several children surviving her. By her will she devised the land referred to to her children. February 2, 1906, her surviving husband, without any authority to do so, in consideration of $2,000 paid by appellees, Davis & Powell, who hereinafter will be referred to as “defendants,” and of their…
2Cases cited2 opinions
- Gilliam v. AlfordTexas Supreme Court · 1887
- Franklin Insurance v. VilleneuveCourt of Appeals of Texas · 1901
3Cited by7 opinions
- Brecht v. HammonsArizona Supreme Court · 1929
- Ferguson v. RaglandCourt of Appeals of Texas · 1922
- Fore v. McFaddenCourt of Appeals of Texas · 1925
- O'Fiel v. JanesCourt of Appeals of Texas · 1925
- Gibson v. HicksCourt of Appeals of Texas · 1932
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