Legal Opinion
Brown v. Howard
Court of Appeals of Texas
Decided December 7, 1955No. 12893PublishedCited by 30 opinions
1Opinion of the Court
NORVELL,- Justice.
-[1-3] The question posed by this appeal is whether or not -the rule of “implied warranty” set forth in Decker & Sons v. Capps, 139 Tex. 609, 164 S.W.2d 828, 142 A.L.R. 1479, has application to one formulating chemicals for use as a cattle spray. In the case cited it was held that a non-negligent processor could be held liable in damages to. one Tnsjured from eating contaminated foodstuffs prepared, by him, although no privity of contract between the processor and the consumer was shown. As pointed out in the opinion, the “implied warranty” which is made the basis of…
2Cases cited10 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Race v. . KrumNew York Court of Appeals · 1918
- Turner & Clayton, Inc. v. ShackelFordTexas Commission of Appeals · 1926
- Davis v. Ferguson Seed FarmsCourt of Appeals of Texas · 1923
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- Pittsburg Coca-Cola Bottling Works of Pittsburg v. PonderTexas Supreme Court · 1969
- Robert D. Putman v. Erie City Manufacturing CompanyCourt of Appeals for the Fifth Circuit · 1964
- O. M. Franklin Serum Co. v. C. A. Hoover & SonTexas Supreme Court · 1967
- Texas Processed Plastics, Inc. v. Gray Enterprises, Inc.Court of Appeals of Texas · 1979
25 more not listed; retrieve them via the Exa API.