TEXAS STATE OPTICAL, INC. v. BARBEE

No. 6883.

417 S.W.2d 750 (1967)

TEXAS STATE OPTICAL, INC., Appellant, v. Neal H. BARBEE, Appellee.

Court of Civil Appeals of Texas, Beaumont.

June 15, 1967.


Attorney(s) appearing for the Case

King, Sharfstein & Rienstra, Beaumont, for appellant.

Orgain, Bell & Tucker, Beaumont, Paul P. Regnier, Houston, for appellee.


STEPHENSON, Justice.

This is an action for damages based upon both negligence and breach of warranty. Plaintiff alleged that his eyes were damaged because defendant improperly fitted him with contact lenses. Trial was by jury and judgment was rendered for plaintiff upon jury findings that defendant breached the implied warranty that such contact lenses were reasonably fit for the use intended. The parties will be referred to here as they were in the trial court.<...

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