MATHIS EQUIPMENT COMPANY v. ROSSON

No. 40.

386 S.W.2d 854 (1964)

MATHIS EQUIPMENT COMPANY, Appellant, v. C. P. ROSSON, Jr., Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied January 14, 1965.

Second Motion for Rehearing Denied February 11, 1965.


Attorney(s) appearing for the Case

Luther Jones, Jr., Corpus Christi, Frederic Johnson, Sinton, for appellant.

John J. Pichinson, Corpus Christi, Wm. E. Nicholas, Joe C. Ternus, John H. Flinn, Sinton, for appellee.


SHARPE, Justice.

This suit was brought by appellant, a corporation, to recover the purchase price of a cotton picking machine sold by it to appellee under a written contract.

The trial court rendered judgment that appellant take nothing, based upon a jury verdict consisting of answers to two special issues. Special issue number one found that the machine in question was not a new machine at the time of its delivery to appellee. Special issue number two found...

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