Handy v. Roberts
Court of Appeals of Texas
Appeal from Grayson County Court; J. Q. Adamson, Judge. Action by H. N. Roberts against John R. Handy and others. From a judgment for plaintiff, defendants appeal. This .is an action of deceit by the buyer against the seller for the damages sustained in the difference between the value of a crop of oats produced from the seed delivered and the value of the crop that would have been produced from the particular kind and variety of seed actually ordered.
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Appeal from Grayson County Court; J. Q. Adamson, Judge. Action by H. N. Roberts against John R. Handy and others. From a judgment for plaintiff, defendants appeal. This .is an action of deceit by the buyer against the seller for the damages sustained in the difference between the value of a crop of oats produced from the seed delivered and the value of the crop that would have been produced from the particular kind and variety of seed actually ordered. The plaintiff alleged that on January 31, 1912, he, acting through R. S. Legate, entered into an oral contract with the defendants, by the…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The first and second assignments predicate error by bill of exception upon the admission of certain evidence. The assignments should be overruled, we-think, as affording no sufficient grounds for reversal of the judgment.
The third assignment predicates error upon the charge of the -court in authorizing a verdict for appellants upon the finding by a jury of the failure on the part of appellee to use ordinary prudence to inspect and discover that the oats furnished were not Texas red rust proof oats.
[1] It is insisted that it was the absolute duty of appellee…
2Cases cited3 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Reed v. . RandallNew York Court of Appeals · 1864
- Texas Seed & Floral Co. v. WatsonCourt of Appeals of Texas · 1913
3Cited by11 opinions
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
- Itasca Roller Mill & Elevator Co. v. WootenCourt of Appeals of Texas · 1922
- El Jardin Immigration Co. v. KarlanCourt of Appeals of Texas · 1922
- Hutchings v. TipswordMissouri Court of Appeals · 1962
- Womack v. Hastings & LagowCourt of Appeals of Texas · 1917
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