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NEUMAN v. SPECTOR WRECKING & SALVAGE CO., INC.

No. 7436.

490 S.W.2d 875 (1973)

W. E. "Rocky" NEUMAN et al., Appellants, v. SPECTOR WRECKING & SALVAGE COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Beaumont.

January 31, 1973.

Attorney(s) appearing for the Case

Lynwood Sanders, Orange, for appellants.

Morris, Smith & Peveto, Orange, for appellee.

KEITH, Justice.

The question presented by this appeal is the proper measure of damages to be applied in a suit for breach of warranty of used equipment. Defendant (our appellant) sold to the plaintiff a used truck scale for an agreed price of $3700, plus an additional $553 for installation thereof. Defendant made an express warranty, i. e., "Warranty New Scale as Fac Warranty," and there is little doubt in our record that there was also an implied warranty that the...

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