Garrett v. Burleson

Citations

• 25 Tex. 41

Syllabus

<p>Where the purchase of a saw-mill, fixtures, and pinery connected therewith, was in gross, (the timber not being sold by the tree,) if the quantity of timber suitable for sawing into lumber turns out to be less than the purchaser had supposed to be contained in the pinery when he contracted; if he, in making the contract, relied upon his own judgment, and the information he obtained from sources other than any representations of the seller; and if he were not misled by any deception practiced upon him by the seller, nor relied upon his representations or judgment, he cannot obtain an abatement of the price agreed upon on account of such deficit.</p> <p>Having been put upon inquiry, it was his own negligence not to inform himself.</p>