Does breach of express warranty constitute breach of contract? Texas Supreme Court answers in the affirmative. Recovery of attorney's fees thus authorized for successful litigant, along with damages.
Medical City Dallas, Ltd. vs. Carlisle Corp., No. 06-0660 (Tex. Apr. 11, 2008) (Opinion by Chief Justice Wallace B. Jefferson) (breach of express warranty claim, entitlement to attorney's fees)MEDICAL CITY DALLAS, LTD. v. CARLISLE CORPORATION D/B/A CARLISLE SYNTECSYSTEMS; from Dallas County; 5th district (05-04-00157-CV, 196 S.W.3d 855, 06-27-06)
The Court reverses in part the court of appeals' judgment and reinstates the trial court's judgment.
Chief Justice Jefferson delivered the opinion of the Court.
(Justice Hecht not sitting)
"Because Texas Civil Practice and Remedies Code section 38.001(8) permits an award of attorney’s fees for a suit based on a written or oral contract, and because we conclude that breach of an express warranty is such a claim, the court of appeals erred in reversing Medical City’s attorney’s fees award in connection with its successful claim for breach of an express warranty. Accordingly, we reverse in part the court of appeals' judgment and reinstate the trial court’s judgment. See Tex. R. App. P. 60.2(c)."
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