Southwestern Bell Telephone Co. v. FDP Corp.

OPINION ON MOTION FOR REHEARING

PHILLIPS, Chief Justice.

Respondent’s motion for rehearing is granted. Our opinion of March 6, 1991 is withdrawn, and the following is substituted in its place.

The issue in this case is whether a seller’s partial failure to perform under a sales agreement may serve as the basis for a breach of warranty claim under the Texas Deceptive Trade Practice — Consumer Protection Act, Tex.Bus. & Com.Code §§ 17.41-17.63 (the “DTPA”). The court of appeals held that certain oral statements made by the seller to induce a sale constituted an express warranty, and that the…