Kenneth Walker v. Sears, Roebuck & Co.

KING, Circuit Judge:

Plaintiff sued defendant for installing a faulty roof on plaintiff’s home in March of 1982. Defendant filed a motion for summary judgment in which it urged that, because the Texas Deceptive Trade Practices Act has a two year statute of limitations, plaintiffs claim was time-barred. The district court agreed and granted defendant’s motion; plaintiff appealed. We conclude that plaintiff’s breach of an implied warranty claim, which was pleaded apart from and in addition to plaintiff’s Deceptive Trade Practices Act claim, is governed by a four year statute of limitations and,…