Texas Power & Light Co. v. Central Texas Battery Co.

Texas Power & Light Company, appellant herein, sued the Central Texas Battery Company, appellee herein, on a written contract for the sum of $495 for repairing a motor and generator set belonging to appellee, and for foreclosure of a mortgage lien thereon.

Appellee defended on three separate grounds as follows: (a) That the contract sued on had been materially and fraudulently altered since it was executed; (b) that the consideration for said contract had wholly failed, for the reason that appellant’s representative guaranteed that it could and would so alter, repair, and change said generator…