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G-W-L, Inc. v. Robichaux

Law Dictionary
CASE BRIEFS

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.643 S.W.2d 392 (Tex. 1982)

Brief Fact Summary. In this case, the Plaintiffs, John and Merila Robichaux (Plaintiffs) entered into a contract with the Defendant, G-W-L, Inc., d/b/a Goldstar (Defendant), for the construction of a house, for which, under the contract, the Defendant would design, build and provide materials. The Defendant completed the construction, but the roof had a sag in it, which caused the Plaintiffs to sue for breach of express and implied warranties. The lower court found in favor of Plaintiffs and the Defendant appealed.

Synopsis of Rule of Law. The language required to waive the implied warranty must be clear and free from doubt.


Facts. In this case, the Plaintiffs entered into a contract with the Defendant for the construction of a house, for which, under the contract, the Defendant would design, build and provide materials. The Defendant completed the construction, but the roof had a sag in it, which caused the Plaintiffs to sue for breach of express and implied warranties. The Supreme Court of Texas had adopted a rule, which provided in real estate transactions of this type, an implied warranty that the house was constructed in a good workmanlike manner and was suitable for human habitation applied. The contract between the parties here stated, “there being no oral agreements, representations, conditions, warranties, express or implied.” The lower court found in favor of the Plaintiffs and Defendant appealed.

Issue. What language in a contract is sufficient to waive the implied warranty of fitness?
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