1. Home
  2. Browse Decisions
  3. S.W.2d
  4. 431 S.W.2d
  5. 431 S.W.2d 310 (1968)
 

PERRY CO. v. SHERWIN-WILLIAMS CO.

No. B-856.

431 S.W.2d 310 (1968)

The PERRY COMPANY, Petitioner, v. The SHERWIN-WILLIAMS COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Small, Herring, Craig, Werkenthin & Shannon, Brown, Erwin, Maroney & Barber, Austin, for petitioner.

Gay & Latting, Austin, for respondent.

ON MOTION FOR REHEARING OF APPLICATION FOR WRIT OF ERROR

PER CURIAM.

The trial court rendered judgment on the verdict in favor of petitioner. The Court of Civil Appeals reversed such judgment and remanded the cause for a new trial. 424 S.W.2d 940. In the course of its opinion the intermediate court stated that the disclaimer appearing on the acknowledgments of the orders would, if properly pleaded and if the same was part of the contract between the parties, preclude a recovery for the negligence of respondents and the consequences of such negligence in regard to the use of the paint. The application for writ of error was refused, no reversible error, and petitioner's motion for rehearing is now overruled. We are not to be understood, however, as either approving or disapproving the above-mentioned conclusion of the Court of Civil Appeals.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases