Brew-Woltman & Co. v. National Power Machinery Co.

OPINION

By MORGAN, J.

The plaintiff filed its action in the Municipal Court of Cleveland to recover a balance of $1350.00 alleged to be due on a contract of sale by the plaintiff to the defendant of certain power machinery located in Sherman, Texas. The defendant counter-claimed for $450.00, .being the amount of the partial payment by the defendant to the plaintiff for said machinery. Defendant’s counter-claim was based on allegations that the plaintiff, through its agent, misrepresented the condition and quality of the said power machinery and that there was, in fact, no contract of sale…