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ELLMER v. DELAWARE MINI-COMPUTER

No. 05-82-01242-CV.

665 S.W.2d 158 (1983)

Faye ELLMER and Datafast Systems, Inc., Appellants, v. DELAWARE MINI-COMPUTER SYSTEMS, INC., et al., Appellees.

Court of Appeals of Texas, Dallas.

December 22, 1983.

Attorney(s) appearing for the Case

Timothy E. Kelley, Dallas, for appellants.

Eric R. Cromartie, Hughes & Hill, Dallas, for appellees.

Before STOREY, SPARLING and GUILLOT, JJ.

STOREY, Justice.

Datafast Systems, Inc., the purchaser of computer hardware, sued Delaware Mini-Computer Systems, Inc., the seller, for breach of an express warranty, for breach of an implied warranty of merchantability, and for violation of the Deceptive Trade Practices Act. Summary judgment was granted in favor of Delaware based upon disclaimer and limitation of remedy provisions in its written contract. Datafast has appealed urging that the disclaimer and limitation...

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