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EDWARDS v. SCHUH

No. 03-99-00097-CV.

5 S.W.3d 829 (1999)

Mark EDWARDS, doing business as The Austin Edwards Company, Appellant, v. Dwain J. SCHUH; Kimberly Schuh; Hardwood Furniture, Inc.; Cabela Properties, a Texas General Partnership; and Carl Lasner, Appellees.

Court of Appeals of Texas, Austin.

Released for Publication November 12, 1999.

Attorney(s) appearing for the Case

Philip D. Mockford, Jackson Walker, L.L.P., Austin, for Appellant.

David F. Bragg, Bragg, Chumlea, McQuality, & Smithers, Austin, for Dwain J. Schuh; Kimberly Schuh; Hardwood Furniture, Inc.; Cabela Properties, a Texas General Partnership.

Donald R. Flournoy [No brief filed], Austin, for Carl Lasner.

Before Justices JONES, B. A. SMITH and YEAKEL.

BEA ANN SMITH, Justice.

We must determine whether a subsequent purchaser, when suing a builder based on the breach of express and implied warranties, is bound by an arbitration clause in the construction contract entered between the builder and original owner/developer of the building. Because we conclude that the express warranty exists independently of the construction contract, the subsequent purchaser is not bound by the arbitration clause. We will affirm the...

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