PUGH v. HILL

PUGH v. HILL
1926 OK 133
244 P. 1113
117 Okla. 22
Case Number: 16282
Decided: 02/09/1926
Supreme Court of Oklahoma

PUGH
v.
HILL.

Syllabus

¶0 1. Contracts--Action for Breach of Warranty--Action for Fraud Distinguished.
An action for the breach of an express warranty contained in a contract is based upon the contract, whereas an action for fraud, practiced in the execution of the contract, is based on a tort.
2. Sales--Breach of Express Warranty Not Waived by Part Payment and Giving Renewal Notes.
Part payment and the giving of renewal notes by the purchaser for the balance of the purchase price of personal property, with knowledge of a breach of an express warranty contained in the contract of sale, does not constitute a waiver of the breach of warranty.

Commissioners' Opinion, Division No. 2.

Error from District Court, Caddo County; Will Linn, Judge.

Action by John D. Pugh against G. W. Hill. Judgment for plaintiff, and from order granting new trial, he brings error. Affirmed.

A. J. Morris, for plaintiff in error
Morgan, Osmond & Morgan, for defendant in error.

JARMAN, C.