Legal Opinion

Wilcox v. Hillcrest Memorial Park of Dallas

Texas Court of Appeals, 5th District (Dallas)

Decided July 8, 1985No. 05-84-00492-CVPublishedCited by 22 opinions

1Opinion of the Court

AKIN, Justice.

Jack B. Wilcox appeals from a take-nothing judgment rendered after a jury trial in his suit against Batesville Casket Company, Inc. 1 Wilcox sued Batesville alleging a breach of warranty in connection with the sale of a certain “sealer”-type casket purchased from Sparkman-Hillcrest Funeral Home (“Sparkman”) by Wilcox and manufactured by Batesville. The question presented is whether TEX.BUS. & COM. CODE ANN. § 2.607(c)(1) (Vernon 1968) requires that a buyer notify a remote seller of an alleged breach of warranty or be barred from any remedy for breach of warranty under the Code.…

2Cases cited9 opinions

  1. Parrillo v. Giroux Co., Inc.Supreme Court of Rhode Island · 1981
  2. Western Equipment Co. Inc. v. Sheridan Iron Works, Inc.Wyoming Supreme Court · 1980
  3. Vintage Homes, Inc. v. ColdironCourt of Appeals of Texas · 1979
  4. Melody Home Manufacturing Co. v. MorrisonCourt of Appeals of Texas · 1973
  5. Cotner v. International Harvester Co.Supreme Court of Arkansas · 1977

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Compaq Computer Corp. v. LaprayTexas Supreme Court · 2004
  2. Thomas Mckay v. Novartis Pharmaceutical CorCourt of Appeals for the Fifth Circuit · 2014
  3. In Re Air Bag Products Liability LitigationDistrict Court, E.D. Louisiana · 1998
  4. Ketter v. ESC Medical Systems, Inc., Texas Court of Appeals, 5th District (Dallas)2005
  5. Seaside Resorts, Inc. v. Club Car, Inc.Court of Appeals of South Carolina · 1992

17 more not listed; retrieve them via the Exa API.

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