C. Aultman & Co. v. York
Court of Appeals of Texas
In addition to facts stated in the opinion, the record shows the warranty which Aultman & Co. authorized their agents to make to purchasers of machinery. This warranty, while not signed by the parties, was exhibited by the agents to the purchasers, and a printed copy thereof delivered to them at their purchase.
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In addition to facts stated in the opinion, the record shows the warranty which Aultman & Co. authorized their agents to make to purchasers of machinery. This warranty, while not signed by the parties, was exhibited by the agents to the purchasers, and a printed copy thereof delivered to them at their purchase. The declarations of the agents as to the merits of the machinery beyond this printed guaranty, as alleged, were admitted in evidence against the agents, who were also made parties defendant. The warranty is as follows: ‘ ‘ The above machinery to be warranted to be made of good…
1Opinion of the Court
KEY, Associate Justice.
C. Aultman & Co., a corporation, sued York and John and E. S. Kirby on three notes given for part of the purchase money for a threshing machine, sold to the defendants by Low & Low, acting as agents for plaintiff.
The defenses interposed were fraudulent representations and a breach of warranty.
This is the second appeal, a former judgment in favor of appelleeshaving been reversed. Aultman & Co. v. York, 71 Texas, 261.
Over four years after the suit was instituted, and nearly ñve years after the sale was made, the defendants impleaded Low & Low, and averred that if the…
2Cases cited2 opinions
- C. Aultman & Co. v. YorkTexas Supreme Court · 1888
- Wood Mowing & Reaping Machine Co. v. CrowSupreme Court of Iowa · 1886
3Cited by12 opinions
- Oltmanns Bros. v. PolandCourt of Appeals of Texas · 1911
- Haynes v. Plano Manufacturing Co.Court of Appeals of Texas · 1904
- Fetzer v. HaralsonCourt of Appeals of Texas · 1912
- Advance-Rumely Thresher Co. v. HigginsCourt of Appeals of Texas · 1926
- Buffalo Pitts Co. v. AlderdiceCourt of Appeals of Texas · 1915
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