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MEDICAL CITY DALLAS, LTD. v. CARLISLE CORP.

No. 06-0660.

251 S.W.3d 55 (2008)

MEDICAL CITY DALLAS, LTD., Petitioner, v. CARLISLE CORPORATION d/b/a Carlisle Syntec Systems, Respondent.

Supreme Court of Texas.

Decided April 11, 2008.

Attorney(s) appearing for the Case

Robert B. Gilbreath, Hawkins, Parnell & Thackston, LLP, Dallas, Melissa M. Davis, Brandy M. Wingate, Attorney At Law, Vernon Childs Howerton, Jr., Jenkens & Gilchrist, Houston, TX, for Petitioner.

Michael L. Knapek, William David Ellerman, Jackson Walker, L.L.P., Dallas, TX, for Respondent.

Chief Justice JEFFERSON delivered the opinion of the Court.

Texas law permits recovery of attorney's fees for a claim based on an oral or written contract. See TEX. CIV. PRAC. & REM.CODE § 38.001(8). We must determine whether an action for breach of express warranty is such a claim. Because we conclude that it is, we reverse in part the court of appeals' judgment.

I

Facts and Procedural History

In 1991, Medical City Dallas...

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