Legal Opinion
Safeway Stores, Inc. v. Certainteed Corp.
Texas Court of Appeals, 5th District (Dallas)
Decided March 7, 1985No. 05-83-00949-CVPublishedCited by 4 opinions
1Opinion of the Court
AKIN, Justice.
Our opinion in this case, issued September 12, 1984, is hereby withdrawn and we substitute the following in its place.
Safeway appeals from an instructed verdict, contending that the trial court erred in instructing a verdict because the evidence presented fact issues for the jury’s determination with respect to a breach of an implied warranty of merchantability by Certainteed and as to negligence, as well as breach of warranties, by Herman L. Smith and Gunn & Briggs. We hold that Safeway’s cause of action against Certainteed *24is barred by limitations. TEX.BUS. & COM.CODE § 2.725…
2Cases cited11 opinions
- Roark v. AllenTexas Supreme Court · 1982
- Henderson v. Travelers Insurance Co.Texas Supreme Court · 1976
- Southerland v. Northeast Datsun, Inc., Texas Court of Appeals, 8th District (El Paso)1983
- Rodney Clark v. Delaval Separator CorporationCourt of Appeals for the Fifth Circuit · 1981
- Austin Co. v. Vaughn Building Corp.Texas Supreme Court · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Safeway Stores, Inc. v. Certainteed Corp.Texas Supreme Court · 1986
- Cherry v. Chustz, Texas Court of Appeals, 5th District (Dallas)1986
- Balog v. Center Art Gallery-Hawaii, Inc.District Court, D. Hawaii · 1990
- Safeway Stores, Inc. v. Certainteed Corp.Texas Supreme Court · 1986