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F. H. WOODRUFF & SONS v. SCHUSTER

No. 12391.

248 S.W.2d 196 (1951)

F. H. WOODRUFF & SONS, Inc., v. SCHUSTER.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied April 23, 1952.

Attorney(s) appearing for the Case

Walter G. Weaver, Donna, for appellant.

Chas. E. Thompson, F. E. Butler, McAllen, for appellee.

W. O. MURRAY, Justice.

This suit was instituted in the 93rd District Court of Hidalgo County, Texas, by Frank Schuster against F. H. Woodruff & Sons, Inc., a foreign corporation with its principal place of business at Milford, Connecticut, seeking to recover damages resulting to Schuster when he purchased from defendant pepper seed supposed to be of the "California Wonder" variety but which proved to be of a different variety known as "World Beater". Plaintiff...

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