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Hall v. Mosteller

245 S.W.2d 338, 1951 Tex. App. LEXIS 1889
CourtCourt of Appeals of Texas
DecidedDecember 19, 1951
Docket10003
StatusPublished
Cited by7 cases

This text of 245 S.W.2d 338 (Hall v. Mosteller) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Mosteller, 245 S.W.2d 338, 1951 Tex. App. LEXIS 1889 (Tex. Ct. App. 1951).

Opinion

ARCHER, Chief Justice.

Appellant brought this suit against ap-pellee seeking to recover the market value of a watermelon crop. Appellee leveled eight special exceptions to appellant’s Second Amended Original Petition. The trial court sustained all of said exceptions and, as the appellant refused to amend his pleadings, the trial court entered judgment for appellee.

*339 Appellant’s suit was based upon a written contract for the sale of fifty pounds of watermelon seed which appellee guaranteed to be Black Diamond.

The written contract between the parties is as follows:

The appellant alleged that the seed which appellee shipped pursuant to said contract were not Black Diamond watermelon seed, and did not iproduce a crop of Black Diamond watermelons, which would have been worth $13,500 but produced a crop of varied *340 and assorted pie melons and citron melons of no value.

*339

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Cite This Page — Counsel Stack

Bluebook (online)
245 S.W.2d 338, 1951 Tex. App. LEXIS 1889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-mosteller-texapp-1951.