Balderson-Berger Equipment Co. v. Blount

REYNOLDS, Chief Judge.

The determinative question in this venue phase of an action for breach of oral and implied warranties is whether a cause of action arises upon proof of the pleaded breach of one or more of the warranties which are excluded by the written memorials of the transaction. We answer the question in the negative, reverse the trial court’s judgment to the contrary, and render.

Freddie Blount, a resident of Yoakum County who had been doing business for some nineteen years with Balderson-Berger Equipment Company, Inc., a Texas corporation domiciled in Williamson County, purchased a…