Puretex Lemon Juice, Inc. v. S. Riekes & Sons of Dallas, Inc.

POPE, Justice.

Plaintiff, Puretex Lemon Juice, Inc., sued S.Riekes & Sons of Dallas, Inc., for breach of an oral implied warranty of suitability with respect to some metal bottle caps. The trial court rendered a take-nothing judgment for the defendant on the grounds that plaintiff’s pleadings affirmatively showed that the action was barred by the two-year limitation statute. We have only the pleadings and judgment before us. The procedure which led to the judgment is not in question. The only point preserved on appeal is whether the implied warranty was breached at the time of sale or at a…