Johnson v. Alexander
Texas Supreme Court
Appeal from Rusk. Pacts in addition to those stated in the Opinion. The petition alleged that “ the said defendant repre- “ sented and warranted the said mare to be sound in all re- “ spects; that the said representations were false and fraudu- “ lent, because,” &c. The evidence which was excluded proved the warranty. There was no other evidence of a warranty.
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Appeal from Rusk. Pacts in addition to those stated in the Opinion. The petition alleged that “ the said defendant repre- “ sented and warranted the said mare to be sound in all re- “ spects; that the said representations were false and fraudu- “ lent, because,” &c. The evidence which was excluded proved the warranty. There was no other evidence of a warranty. The defendant had represented the mare to be sound, so far as he knew; and there was no evidence that he knew the mare was unsound. The mare had died with the blind staggers the next day after the sale. The plaintiff was the mother of…
1Opinion of the Court
Hemphill, Ch. J.
This action was brought by appellant, for breach of warranty in the sale of a mare. At the trial the plaintiff read in evidence, without objection, the deposition of Julia Johnson ; and the testimony of Martial C. Johnson on behalf of plaintiff, was also permitted to go to the jury without objection. This witness (upon perhaps cross examination, though it is not so stated in the statement of facts,) then said that Julia Johnson was a legatee of her father’s estate, and had not received her portion of said estate ; that the estate was to be kept together (as directed by the…
2Cases cited1 opinion
- Fisher v. WillardMassachusetts Supreme Judicial Court · 1816
3Cited by10 opinions
- Gilkey v. PeelerTexas Supreme Court · 1859
- Elliot v. MitchellTexas Supreme Court · 1866
- Perdue v. PerdueTexas Supreme Court · 1920
- Carr v. DeWittCourt of Appeals of Texas · 1943
- Carter v. RolandTexas Supreme Court · 1880
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