BALDERSON-BERGER EQUIP. CO. v. BLOUNT

No. 07-81-0291-CV.

653 S.W.2d 902 (1983)

BALDERSON-BERGER EQUIPMENT COMPANY, INC., Appellant, v. Freddie BLOUNT, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied June 13, 1983.


Attorney(s) appearing for the Case

Barkley & Cutcher, Inc., Leland R. Enochs, Taylor, for appellant.

Bowers, Cotten & Harland, Pete Harland, Lubbock, for appellee.

Before REYNOLDS, C.J., and DODSON and COUNTISS, JJ.


REYNOLDS, Chief Judge.

The determinative question in this venue phase of an action for breach of oral and implied warranties is whether a cause of action arises upon proof of the pleaded breach of one or more of the warranties which are excluded by the written memorials of the transaction. We answer the question in the negative, reverse the trial court's judgment to the contrary, and render.

Freddie Blount, a resident of Yoakum County who had been doing business...

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