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GYM-N-I PLAYGROUNDS, INC. v. SNIDER

No. 05-0197.

220 S.W.3d 905 (2007)

GYM-N-I PLAYGROUNDS, INC., Petitioner, v. Ron SNIDER, Respondent.

Supreme Court of Texas.

Delivered April 20, 2007.

Rehearing Denied June 1, 2007.

Attorney(s) appearing for the Case

Christopher A. Fusselman, The Fusselman Law Firm, Gus D. Oppermann V, Folger, Wheat & Opperman, L.L.P., Houston, for Petitioner.

William H. Ford, Cathleen M. Stryker, Ruth G. Malinas, Kathy H. Kang, Ball & Sweet, P.C., San Antonio, for Respondent.

Sylvia Ann Mayer, Amicus Curiae, Well, Gotshal & Manges LLP, Houston, for Pacific Legal Foundation.

Chief Justice JEFFERSON delivered the opinion of the Court.

Commercial real estate landlords impliedly warrant that their premises are suitable for the tenants' intended commercial purposes. In this case, however, the tenants expressly disclaimed that warranty. We must decide whether the disclaimer precludes the tenants' suit against the landlord for breach of the warranty. We also decide whether the tenants' agreement to lease the commercial building "as is" prevents...

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