Rio Grande Jewelers Supply, Inc. v. Data General Corp.

OPINION

WALTERS, Justice.

Under the provision of NMSA 1978, Section 34-2-8 (Repl.Pamp.1981), we accepted certification of a question of state law from the Tenth Circuit Court of Appeals. That question is:

Whether, in a sale of goods context governed by the New Mexico Commercial Code, a commercial purchaser of a computer system (hardware and programmable software) may maintain an action in tort against the seller for pre-contract negligent misrepresentations regarding the system’s capacity to perform specific functions, where the subsequently executed written sales contract contains an effective…