Buchanan v. Kauffman & Runge

Citations

• 65 Tex. 235
• 1885 Tex. LEXIS 340

Syllabus

<p>1. Warranty—Vendor and vendee—Request to defend—Judgment—Evidence. In order that a judgment rendered at the suit of a third party against the vendee of goods sold with warranty of title, may, in an action upon the warranty, be conclusive or even admissible as evidence of any fact necessary to show failure of title, there must have been a request to the warrantor to defend the action in which the title to the goods was in controversy. (Citing Clark v. Mumford, 62 Tex., 553, and Eastman v. Ward, Dewey & Co., Galveston term, 1883.)</p> <p>2. Same—See this case for evidence held not to show such facts as would make, a judgment rendered against the warrantee admissible as evidence in an action upon the warranty to prove the breach.</p>