BROWN v. HOWARD

No. 12893.

285 S.W.2d 752 (1955)

C. M. BROWN et al., Appellants, v. Troy HOWARD et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied January 4, 1956.


Attorney(s) appearing for the Case

Oliver & Oliver, San Antonio, L. B. Cooper, Cotulla, for appellants.

Moursund, Ball, Bergstrom & Barrow, San Antonio, for appellees.


NORVELL, Justice.

The question posed by this appeal is whether or not the rule of "implied warranty" set forth in Decker & Sons v. Capps, 139 Tex. 609, 164 S.W.2d 828, 142 A.L.R. 1479, has application to one formulating chemicals for use as a cattle spray. In the case cited it was held that a non-negligent processor could be held liable in damages to one injured from eating contaminated foodstuffs prepared by him, although...

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