Texas State Optical, Inc. v. Barbee

STEPHENSON, Justice.

This is an action for damages based upon both negligence and breach of warranty. Plaintiff alleged that his eyes were damaged because defendant improperly fitted him with contact lenses. Trial was by jury and judgment was rendered for plaintiff upon jury findings that defendant breached the implied warranty that such contact lenses were reasonably fit for the use intended. The parties will be referred to here as they were in the trial court.

The jury findings in this case are not easily reconciled. It was found: That the contact lenses furnished by defendant to plaintiff,…