Ranger & Co. v. Hearne

Citations

• 37 Tex. 30

Syllabus

<p>By written contract, free of ambiguity, H. purchased of R & Co. a certain engine and mill, at the price of three thousand dollars, to be paid on a fixed future day, in cotton at eight cents per pound. The written contract recited that H. had fully and satisfactorily examined the engine, and received and accepted the same. Held, that H. is precluded from all inquiry as to the character or value of the article, unless he shows that B. & Co. fraudulently concealed defects in it at the time he examined it. Held further, that if the contract be not thus vitiated by fraud of B. & Co., their measure of damages is the highest market value of the cotton at the place of delivery, between the day of delivery and the day of trial.</p>