Williamson v. Heath
| Citation | 108 S.W. 983 |
| Parties | WILLIAMSON v. HEATH. |
| Decision Date | 18 February 1908 |
| Court | Texas Court of Appeals |
Appeal from Harris County Court.
Action by William P. Heath against George E. Williamson. From a judgment for plaintiff, defendant appeals. Affirmed.
Ira P. Jones and Bryan & McRae, for appellant. L. B. Moody, for appellee.
The contract of Williamson was not alone a verbal guaranty that the bull was a breeder, but that he would refund the purchase money, less the value of the bull for beef, upon satisfactory proof that the bull was barren. Appellee had no cause of action until this satisfactory proof was made, and this was not done until within two years of the filing of the suit. There was no unreasonable delay on appellee's part. We hold that the two-year statute applies.
The judgment is affirmed.
Affirmed.
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Puretex Lemon Juice, Inc. v. S. Riekes & Sons of Dallas, Inc.
...Nat. Ins. Co. v. Hicks, supra; Sovereign Camp, W.O.W. v. Boden, 117 Tex. 229, 235, 1 S.W.2d 256, 258, 61 A.L.R. 682; Williamson v. Heath, 49 Tex.Civ.App. 254, 108 S.W. 983. Plaintiff filed its action within two years from the time the rust existed as a fact under the allegations of the peti......