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eBook details

• Title: Vijai P. Gupta v. Ritter Homes
• Author : Fourteenth District, Houston Court of Appeals of Texas
• Release Date : January 09, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

WALLACE, Justice. This is an appeal from a summary judgment for the builder in a suit by the second owner of a residence. The owner, Vijai P. Gupta (Gupta), sued the builder, Ritter Homes, Inc. (Ritter), on three theories: (1) implied warranty under the Deceptive Trade Practices Act, TEX. BUS. & COM. CODE ANN. Ch. 17 (DTPA); (2) implied warranty under the Uniform Commercial Code, TEX. BUS. & COM. CODE ANN. ? 2.102 (U.C.C.); and (3) negligent construction. The trial court rendered summary judgment for Ritter on all three theories. The court of appeals sustained the summary judgment on the theory of implied warranty under the DTPA by holding that no implied warranty arises from the sale of a used house. 633 S.W.2d 626. The court of appeals also sustained the trial courts denial of a cause of action under the U.C.C. by holding that the U.C.C. excludes sales of realty, but reversed and remanded the cause for trial on Guptas negligent construction theory. The court of appeals remand is not contested by Ritter and Gupta does not complain of the court of appeals ruling on an implied warranty under the U.C.C. The question of an implied warranty under the DTPA is the only issue before us. We affirm that part of the court of appeals judgment which remanded the cause for trial on the theory of negligent construction and which sustained the judgment of the trial court on the theory of implied warranty under the U.C.C. We reverse and remand that part of the judgment of the court of appeals which held that there is no implied warranty by the builder under the DTPA.

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