Cate v. Dover Corp.

BLEIL, Justice.

Edward Cate appeals an unfavorable summary judgment in his suit against the Dover Corporation alleging breach of the implied warranty of merchantability in a sale of vehicle lifts. The issue before us is whether the trial court erred in granting Dover’s motion for summary judgment because a disclaimer contained in Dover’s warranty was not conspicuous as required by Tex.Bus. & Com.Code Ann. § 2.316 (Vernon 1968 & Supp.1989). We determine that the disclaimer is conspicuous.

In September 1984, Cate bought three Rotary brand vehicle lifts from Beech Tire Mart. Dover Corporation…