Legal Opinion
E. F. Elmberg Co. v. Dunlap Hardware Co.
Texas Commission of Appeals
Decided December 20, 1924No. 574-4037PublishedCited by 18 opinions
1Opinion of the CourtChapman, J.
Defendant in error, Dunlap Hardware Company, purchased from plaintiff in error, E. F. Elmberg Company, 750 each of Elmeo feed grinders and Elmco belt attachments, designed to he used one in connection with the other to be attached to Ford automobiles for the purpose of grinding feed. The contract of purchase and sale between these parties was in writing, and in the contract was a written warranty as to the work tltat could be done with the machines; said warranty being in these words:
“The party of the first part guarantees that every machine will come up to and fulfill every claim made for it…
2Cases cited12 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Wilson v. Nichols & Shepherd Co.Court of Appeals of Kentucky · 1906
- Oltmanns Bros. v. PolandCourt of Appeals of Texas · 1911
- Bucy v. Pitts Agricultural WorksSupreme Court of Iowa · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lankford v. Rogers Ford SalesCourt of Appeals of Texas · 1972
- Weed v. Idaho Copper Co.Idaho Supreme Court · 1932
- John Deere Company of Kansas City v. TenbergCourt of Appeals of Texas · 1969
- Lewis v. PittsCourt of Appeals of Texas · 1925
- Crockett v. TroykCourt of Appeals of Texas · 1935
13 more not listed; retrieve them via the Exa API.