Carroll v. Jones

Sam Robinson, Associate Justice.

Appellant, John J. Carroll, is in the business of selling poultry and livestock equipment. He also sells and erects “Coldbath” all steel poultry buildings. On June 14, 1960, appellee, W. K. Jones, purchased from appellant a prefabricated Coldbath chicken house, 40' x 330'. Under the terms of the contract of purchase, hereinafter referred to as the original contract, Carroll was to put the building together on Jones’ farm, along with certain poultry equipment. The total contract price was $12,560.00.

After the building was constructed by Carroll and put in…