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MORTON v. HUMBER

No. 4041.

399 S.W.2d 831 (1966)

Claude MORTON, Appellant, v. Ernestine HUMBER, Appellee.

Court of Civil Appeals of Texas, Eastland.

January 21, 1966.

Attorney(s) appearing for the Case

David D. Foster, Underwood, Wilson, Sutton, Heare & Berry, Harlow Sprouse, Amarillo, for appellant.

Jerry R. Hollingsworth, Amarillo, for appellee.

GRISSOM, Chief Justice.

Mrs. Humber bought a house from Mr. Morton. The first time she built a fire in the fireplace the house caught fire because of an unsealed void in the fireplace which caused an up-draft in the attic. The house was damaged but not destroyed. She sued for damages. Mrs. Humber alleged breach of an implied warranty of fitness of the fireplace and that Morton was negligent in allowing an unsealed void to remain in the fireplace, which created an...

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