Summary
In Watel, 576 S.W.2d 779, the supreme court specifically reserved this question which it later addressed in G-W-L, 643 S.W.2d 392, stating that "the implied warranty of fitness" could be excluded by express language in a contract.
Summary of this case from J. Stiles Inc. v. EvansOpinion
No. B-7673.
November 1, 1978.
Appeal from the District Court, No. 191, Dallas County, Carver, J.
Hoppenstein Prager, Ronald L. McKinney, Dallas, for petitioner.
Calvin A. Barker, Jr., Dallas, for respondents.
This is a summary judgment case. The court of civil appeals correctly reversed and remanded for new trial. 565 S.W.2d 101. There are disputed issues of fact to be tried. Our action should not be interpreted, however, as approving the holding by the court of civil appeals that an express written warranty may not limit or exclude the implied warranties described in Humber v. Morton, 426 S.W.2d 554 (Tex. 1968). We express no opinion on that question.
The application for writ of error is refused, no reversible error.