Garrett v. Burleson
Texas Supreme Court
Appeal from Bastrop. Tried below before Hon. A. W. Terrell, one of the district judges. This was a suit brought by Burleson against the appellant for $2,000 and interest on a note made by the defendant to the plaintiff, it being a part of the consideration of a sale made by plaintiff to defendant of Ms interest in a saw-mill, fixtures, and the pinery connected with the mill.
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Appeal from Bastrop. Tried below before Hon. A. W. Terrell, one of the district judges. This was a suit brought by Burleson against the appellant for $2,000 and interest on a note made by the defendant to the plaintiff, it being a part of the consideration of a sale made by plaintiff to defendant of Ms interest in a saw-mill, fixtures, and the pinery connected with the mill. The defendant pleaded in set-off and reconvention, his damages sustained by the false representations of the plaintiff, upon which he relied, and which induced him to enter into the contract, to the effect that he, the…
1Opinion of the CourtWheeler, C. J.
—We are of opinion that there is no error in the'judgment. The ground relied on to obtain an abatement of the price contracted to be paid for the property was, that the plaintiff had represented that there were a greater number of trees included in the purchase which were suitable for sawing into lumber than really were there; that the defendant relied on this representation; that it was the inducement to the purchase, and that he was misled by it to his injury. We do not think the evidence sustains this defense. The purchase was not by the tree, hut was a purchase of property in gross,…
2Cited by8 opinions
- Dossett v. Franklin Life Ins.Texas Commission of Appeals · 1925
- Graves v. HaynesTexas Commission of Appeals · 1921
- Wright v. StateTexas Supreme Court · 1874
- American Maid Flour Mills v. LuciaCourt of Appeals of Texas · 1926
- Greenlee v. Consolidated Oil Co. of TexasCourt of Appeals of Texas · 1922
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