A. Whittaker & Co. v. Hueske

Citations

• 29 Tex. 355

Syllabus

<p>It was decided in Brantley v. Thomas, 22 Tex., 270, that in every sale of goods by sample there is an implied warranty that the goods delivered shall correspond with the sample.</p> <p>This liability exists whether the vendor knew that the samples were superior to the bulk or not.</p> <p>Where bales of cotton were sold by sample, it matters not that the sample was made by the warehouseman, especially when the vendor received the sample from the warehouseman and carried it to the vendee.</p>