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CATE v. DOVER CORP.

No. 9707.

776 S.W.2d 680 (1989)

Edward CATE, Jr. d/b/a Cate's Transmission Service, Appellant, v. DOVER CORPORATION, Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied September 9, 1989.

Attorney(s) appearing for the Case

Michael Peek, Texarkana, for appellant.

Louise Tausch, Atchley, Russell, Waldrop & Hlavinka, Texarkana, for appellee.

BLEIL, Justice.

Edward Cate appeals an unfavorable summary judgment in his suit against the Dover Corporation alleging breach of the implied warranty of merchantability in a sale of vehicle lifts. The issue before us is whether the trial court erred in granting Dover's motion for summary judgment because a disclaimer contained in Dover's warranty was not conspicuous as required by Tex.Bus. & Com.Code Ann. § 2.316 (Vernon 1968 & Supp.1989). We determine...

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