Detroit Automatic Scale Co. v. G. B. R. Smith Milling Co.
Court of Appeals of Texas
Appeal from Dallas County Court; W. L. Thornton, Judge. Action by the Detroit Automatic Scale Company against the G. B. R. Smith Milling Company. From judgment for defendant, plaintiff appeals.
1Opinion of the CourtRasbury, J.
Appellant sued appellee to recover the price of four flour mill scales delivered to appellee under written contract of sale and purchase entered into between the parties and for which appellee refused payment. Appellee denied liability on the ground of failure of .consideration, in that appellant represented that said scales would weigh accurately and give satisfactory service when installed in the concrete mill building in course of construction at the time the parties entered into this contract, and that due to such representations, which were false and made for the purpose oi misleading,…
2Cases cited4 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Pittman v. Bloch Queensware Co.Court of Appeals of Texas · 1908
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Buffalo Pitts Co. v. AlderdiceCourt of Appeals of Texas · 1915
3Cited by18 opinions
- Dallas Farm MacHinery Company v. ReavesTexas Supreme Court · 1957
- Enterprise-Laredo Associates v. Hachar's, Inc., Texas Court of Appeals, 4th District (San Antonio)1992
- E. F. Elmberg Co. v. Dunlap Hardware Co.Court of Appeals of Texas · 1921
- Oil Well Supply Co. v. Texanna Production Co.Court of Appeals of Texas · 1924
- Dunlap Hardware Co. v. E. F. Elmberg Co.Court of Appeals of Texas · 1923
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