Routh v. Caron

Citations

• 64 Tex. 289

Syllabus

<p>1. Fraudulent misrepresentations — Parol evidence — Measure op damages.— A vendor delivered a written deed with warranty of title to a flock of sheep. The vendees brought suit for damages, alleging that on the day of the execution and delivery of the deed, the vendor represented to them that the sheep were sound and free from all contagious or infectious diseases; that the sheep were really in a diseased condition; that that fact was known to the vendor at the time of the sale, and that the vendees purchased the sheep, relying on the false and fraudulent representations of the vendor. Held:</p> <p>(1) That the averments of the petition showed a good cause of action, and to prove them by parol evidence would not infract the rule which denies the right to contradict or vary a written contract by parol evidence. This question has been fully considered by this court in cases analogous to the present, and the averments found in the petition in this case held to constitute a good cause of action. (See cases cited in the opinion.)</p> <p>(2) That the measure of damages applied to the case, as made by the petition (in which no rescission of the contract is sought, but damages only), should be the difference between the sum paid for the sheep and their value in the condition in which they were, with a sum, by way of damages, equal to interest on such sum as may be found to be that difference, from the time the same was paid until judgment.</p> <p>(3) That if it should appear that all the sheep were not diseased at the time of the sale, but subsequently others contracted the disease from such as were, then the vendees will be entitled to all such damages as they have sustained by reason of the disease being subsequently communicated to those not diseased at the time of the sale by contact with those so diseased, ■which will include the value of such as died from the disease, and expenses properly incurred in care and attention to them.</p> <p>(4) That if some of the sheep