(Download) "Safeway Stores v. Certainteed Corporation and Certainteed Products Corp." by Court of Criminal Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Safeway Stores v. Certainteed Corporation and Certainteed Products Corp.
- Author : Court of Criminal Appeals of Texas
- Release Date : January 07, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
This case involves a contract for the sale of goods governed by the Texas Business & Commerce Code. Safeway Stores sued Certainteed Corporation and Certainteed Products Corporation for alleged breach of express and implied warranties in connection with roofing material affixed to Safeways warehouse roof. The trial court granted an instructed verdict for Certainteed because Safeway failed to prosecute its claim within the statute of limitations. The court of appeals affirmed the trial courts judgment. 687 S.W.2d 22. We must decide whether Certainteeds express and implied warranties explicitly extend to future performance under Tex. Bus. & Com. Code Ann. ? 2.725(b) (Tex. UCC) (Vernon 1968) so that Safeways cause of action did not accrue until discovery of the breach. Because we hold there is a fact issue whether Certainteeds express warranties explicitly extend to future performance, we reverse the judgment of the court of appeals and remand the cause of the trial court.
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