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Humber v. Morton

426 S.W.2d 554 (1968)

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Humber v. Morton

Texas Supreme Court
426 S.W.2d 554 (1968)

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Facts

Humber (plaintiff) bought a new home built by Claude Morton (defendant), who was in the business of building and selling homes. After Humber moved in, a fire escaped a defective chimney and fireplace and partially burnt the home. Humber sued Morton for damages. Morton argued that an independent contractor built the fireplace and that the doctrine of caveat emptor applied to the sale of homes. The court ruled in Morton’s favor, and Humber appealed. After the appeals court also ruled for Morton, Humber appealed to the Texas Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Norvell, J.)

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