Watel v. Richman, B-7673

Decision Date01 November 1978
Docket NumberNo. B-7673,B-7673
CitationWatel v. Richman, 576 S.W.2d 779 (Tex. 1978)
PartiesBuddy WATEL, Petitioner, v. Victor RICHMAN and wife, Marion Richman, Respondents.
CourtTexas Supreme Court

Hoppenstein & Prager, Ronald L. McKinney, Dallas, for petitioner.

Calvin A. Barker, Jr., Dallas, for respondents.

PER CURIAM.

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.

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19 cases
  • J. Stiles, Inc. v. Evans
    • United States
    • Texas Court of Appeals
    • October 31, 1984
    ...maintains that Humber provides for two separate warranties. He relies upon the use of the plural form "warranties" in Watel v. Richman, 576 S.W.2d 779 (Tex.1978), in which the supreme court referred to "the implied warranties described in Humber...." Id. at 780. We disagree. The court in Wa......
  • Riverfront Lofts Condo. v. Milwaukee/Riverfront
    • United States
    • U.S. District Court — Eastern District of Wisconsin
    • December 10, 2002
    ...v. St. Joseph's Hosp., Inc., 147 Ga.App. 595, 249 S.E.2d 642 (1978); Richman v. Watel, 565 S.W.2d 101 (Tex.Civ.App.1978), aff'd, 576 S.W.2d 779 (Tex.1978) (expressly declining to reach the issue)); accord Hennes Erecting Co. v. Nat'l Union Fire Ins. Co., 813 F.2d 1074, 1081 (10th Cir.1987);......
  • G-W-L, Inc. v. Robichaux
    • United States
    • Texas Supreme Court
    • December 31, 1982
    ...is sufficient to exclude the implied warranty of fitness created in Humber v. Morton, supra. This question was reserved in Watel v. Richman, 576 S.W.2d 779 (Tex.1978), and has not been addressed by this Court. The court of appeals stated that the language waiving the implied warranty must b......
  • Vaughn Bldg. Corp. v. Austin Co.
    • United States
    • Texas Civil Court of Appeals
    • May 22, 1981
    ...type roof" and by evidence that Vaughn chose not to pay the premium for a bond to insure the roof. Austin also cites Watel v. Richman, 576 S.W.2d 779 (Tex.1978), in which the supreme court declined to approve the holding in Richman v. Watel, 565 S.W.2d 101, 102 (Tex.Civ.App. Waco 1978, writ......
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