CELOTEX CORP. v. FISHER

No. 15694.

288 S.W.2d 319 (1956)

The CELOTEX CORPORATION, Appellant, v. Paul FISHER et ux., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 30, 1956.


Attorney(s) appearing for the Case

Bullington, Humphrey, Humphrey & Fillmore, and Lee Humphrey, Wichita Falls, for appellant.

Anderson & Latham and Henry J. Anderson, Wichita Falls, for appellees.


RENFRO, Justice.

Paul Fisher, appellee, brought suit against Builders Supply Company and The Celotex Corporation for the return of the full contract price theretofore paid for certain Celotex Siding installed on some buildings owned by him, and, in the alternative, for damages for failure of warranty.

Appellee failed to prove a right of rescission of the contract but did prove partial failure of warranty.

The jury found the use of the siding for which...

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