Legal Opinion

Mid Continent Aircraft Corp. v. Curry County Spraying Service, Inc.

Court of Appeals of Texas

Decided June 30, 1977No. 8772PublishedCited by 10 opinions

1Opinion of the Court

REYNOLDS, Justice.

In the buyer’s action to recover from the seller damages to a used aircraft and the resulting economic loss caused by a defect in the aircraft engine which rendered the aircraft an unreasonably dangerous product, the trial court imposed strict liability in allowing recovery against the defense that the used aircraft was bought subject to the terms and conditions of an “as is” sale. While the “as is” sale excluded any liability under a contractual warranty, it did not eliminate the strict liability for physical harm imposed by tort law. Affirmed.

*937The material facts are…

2Cases cited25 opinions

  1. Gibbs v. General Motors CorporationTexas Supreme Court · 1970
  2. Seely v. White Motor Co.California Supreme Court · 1965
  3. Santor v. a & M KARAGHEUSIAN, INC.Supreme Court of New Jersey · 1965
  4. McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
  5. Rourke v. GarzaTexas Supreme Court · 1975

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

3Cited by10 opinions

  1. Mid Continent Aircraft Corp. v. Curry County Spraying Service, Inc.Texas Supreme Court · 1978
  2. Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
  3. Turbines, Inc. v. Dardis, Texas Court of Appeals, 7th District (Amarillo)1999
  4. Ford Motor Co. v. RiceSupreme Court of Alabama · 1998
  5. John R. Dudley Construction, Inc. v. Drott Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1979

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

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