A. Whittaker & Co. v. Hueske
Texas Supreme Court
Appeal from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. This suit was instituted in the court below by Whittaker & Co. against Hueske, upon an alleged breach of an implied warranty in the sale of ten bales of cotton.
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Appeal from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. This suit was instituted in the court below by Whittaker & Co. against Hueske, upon an alleged breach of an implied warranty in the sale of ten bales of cotton. It appears, from the facts proved upon the trial, that the crop of cotton raised by appellee, in the year 1859, say some ten or eleven bales, was hauled to the gin-house of a neighbor, (Mr. Randle,) for the purpose of being ginned and packed; that all but one load of the seed-cotton thus hauled was of excellent quality; that this…
1Opinion of the CourtWillie, J.
It was decided by this court, in the case of Brantley v. Thomas, 22 Tex., 270, that in every sale of goods by sample there is an implied warranty that the goods delivered shall correspond with the sample. In accordance with this decision was the charge of the court below, as given at the request of the plaintiffs. But the second instruction, given at the instance of the defendant, so qualified the law as to hold, that if the sample was made by a warehouseman, who was indifferent between the parties, and both buyer and seller relied solely upon this sample, and there were no false or…
2Cases cited1 opinion
- Brantley v. ThomasTexas Supreme Court · 1858
3Cited by3 opinions
- Boehringer v. A. B. Richards Medicine Co.Court of Appeals of Texas · 1894
- Darr Equipment Company v. OwensCourt of Appeals of Texas · 1966
- W. J. Hume & Co. v. Sherman Oil & Cotton Co.Court of Appeals of Texas · 1901