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GUPTA v. RITTER HOMES, INC.

No. C-1363.

646 S.W.2d 168 (1983)

Vijai P. GUPTA, Petitioner, v. RITTER HOMES, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 16, 1983.

Attorney(s) appearing for the Case

Kenneth H. Strahan, Liberty, Larry A. Anderson, Anderson & Anderson, Crosby, for petitioner.

DeLange, Hudspeth, Pitman & Katz, Paul J. McConnell, III, Houston, for respondents.

WALLACE, Justice.

This is an appeal from a summary judgment for Ritter Homes, Inc., et al (Ritter) in a suit by the second owner of a residence. The owner, Vijai P. Gupta (Gupta), sued Ritter as the builder of his home, on three theories: (1) implied warranty under the Deceptive Trade Practices Act, Tex.Bus. & Com.Code Ann. Ch. 17 (DTPA); (2) implied warranty under the Uniform Commercial Code, Tex.Bus. & Com.Code Ann. § 2.102 (U.C.C.); and (3) negligent...

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