Bennett v. United Auto Parts, Inc.

MADDOX, Justice.

Did the buyer give the seller adequate and timely notice under the Uniform Commercial Code? That is the question presented by this appeal.

Plaintiff, Jerry J. Bennett, bought two automobile jack stands from the defendant, United Auto Parts, for use in his automobile garage business. The jack stands were manufactured by Jack Woldert, Jr., d/b/a Woldert Enterprises of Tyler, Texas.

While repairing an automobile in his garage, plaintiff, Bennett, injured his hand when one of the jack stands collapsed, thereby causing the car to slip off the jack. Plaintiff was treated at a local…