Safeway Stores, Inc. v. Certainteed Corp.

McGEE, Justice.

This case involves a contract for the sale of goods governed by the Texas Business & Commerce Code. Safeway Stores sued Certainteed Corporation and Certainteed Products Corporation for alleged breach of express and implied warranties in connection with roofing material affixed to Safeway’s warehouse roof. The trial court granted an instructed verdict for Certain-teed because Safeway failed to prosecute its claim within the statute of limitations. The court of appeals affirmed the trial court’s judgment. 687 S.W.2d 22. We must decide whether Certainteed’s express and implied…