COLWELL v. WARE

No. 16659.

395 S.W.2d 394 (1965)

O. R. COLWELL et ux., Appellants, v. Morton Gause WARE et al., d/b/a Gause-Ware Funeral Home, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied November 12, 1965.


Attorney(s) appearing for the Case

Herrick & Tillman, and Massie Tillman, Fort Worth, for appellants.

Bailey & Williams, and James C. Allums, Jr., Dallas, for Crane & Breed Casket Co.

Brown, Day & Crowley, and M. Hendricks Brown, Fort Worth, for Arkansas Casket Co.

Simon, Crowley, Weight, Ratliff & Miller, and Kleber C. Miller, Fort Worth, for Gause-Ware Funeral Home.


LANGDON, Justice.

Appellants (plaintiffs below) filed suit against Morton Gause Ware and Mary Louise Ware Rogers, d/b/a Gause-Ware Funeral Home, for breach of an express and implied warranty of a casket. Mr. Gause Ware and Mrs. Rogers answered and filed a third party complaint against Crane and Breed Casket Company, manufacturer of the casket and against Arkansas Casket Company, from whom Gause-Ware Funeral Home purchased the casket, seeking indemnity against Crane...

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