Wright v. Davenport

Citations

• 44 Tex. 164

Syllabus

<p>1. Measure of damages.—In an action upon a note executed in part consideration for “a 16-horse power portable engine” defendant pleaded in reconvention breach of a guaranty of the capacity of the engine: Held, That the relief was an abatement of the purchase-money equal to the difference in the value of the engine furnished and that contracted for.</p> <p>2. Same.—In the absence of fraud or of an express contract to take back an article sold with guaranty, the vendee cannot return the article and recover back all the purchase-money. The measure of damages is the difference between the article delivered and that called for in the guaranty. „</p> <p>3. This rule will not apply to contracts where there is an express or implied agreement that the vendee sliaU not be required to keep the article if not such as was stipulated for, but in such case the goods are returned under the contract.</p>