MAN ENGINES & COMPONENTS, INC. v. SHOWS

No. 12-0490.

434 S.W.3d 132 (2014)

MAN ENGINES & COMPONENTS, INC. and Man Nutzfahrzeuge Aktiengesellschaft, Petitioners, v. Doug SHOWS, Respondent.

Supreme Court of Texas.

Delivered: June 6, 2014.


Attorney(s) appearing for the Case

J. David Breemer , Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae.

Keith Stanley Donati , Kochman Donati & Charbonnet, LLP, Houston, TX, for Petitioners.

Michael Andrew Harris , Pagel, Davis & Hill, P.C., Houston, TX, for Respondent.


Justice WILLETT delivered the opinion of the Court.

This breach-of-warranty case poses a fundamental question: Does the implied warranty of merchantability extend to purchasers of used goods? Our answer: It depends.

A manufacturer largely controls its own fate. When a manufacturer disclaims implied warranties, such express language necessarily applies downstream to subsequent purchasers, as Buyer # 2 cannot tenably...

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