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VAUGHN BLDG. CORP. v. AUSTIN CO.

No. 20450.

620 S.W.2d 678 (1981)

VAUGHN BUILDING CORPORATION, Appellant, v. The AUSTIN COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 1, 1981.

Attorney(s) appearing for the Case

James V. Hammett, Jr., J. Stockton Williams, Jr., Stubbeman, McRae, Sealy, Laughlin & Browder, Austin, for appellant.

Earl Luna, Luna, Murto & Vorpahl, Dallas, for appellee.

Before GUITTARD, C. J., and AKIN and ROBERTSON, JJ.

GUITTARD, Chief Justice.

Vaughn Building Corporation sued The Austin Company for breach of express and implied warranties in a contract to construct a commercial building. The breach of express warranty alleged was Austin's failure to repair the roof after written notice, and the breach of implied warranty alleged was the unfitness of the roof for its particular purpose in that it failed to prevent water and the elements from coming inside the building. The trial...

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