Johnson v. Highland Hills Drive Apartments

Texas Supreme Court

Johnson v. Highland Hills Drive Apartments

568 S.W.2d 661, 21 Tex. Sup. Ct. J. 321, 1978 Tex. LEXIS 338

Texas Supreme Court·Decided April 12, 1978·No. B-6807·Published·Cited by 20 cases

Opinion

PER CURIAM.

The application for writ of error is refused with the notation, “NO REVERSIBLE ERROR.” The Court of Civil Appeals held that there is no implied warranty of habitability in Texas, and, on that basis, affirmed in part. Tex.Civ.App., 552 S.W.2d 493. Our opinion in Kamarath v. Bennett, 568 S.W.2d 658 (Tex.1978), has established such an implied warranty in this State under certain factual situations. However, the Court of Civil Appeals additionally held that even should a warranty of habitability be adopted in Texas, the facts of this ease dealing with the provision of mail facilities would not constitute a breach of such warranty. We agree.

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PER CURIAM.

The application for writ of error is refused with the notation, “NO REVERSIBLE ERROR.” The Court of Civil Appeals held that there is no implied warranty of habitability in Texas, and, on that basis, affirmed in part. Tex.Civ.App., 552 S.W.2d 493. Our opinion in Kamarath v. Bennett, 568 S.W.2d 658 (Tex.1978), has established such an implied warranty in this State under certain factual situations. However, the Court of Civil Appeals additionally held that even should a warranty of habitability be adopted in Texas, the facts of this ease dealing with the provision of mail facilities would not constitute a breach of such warranty. We agree.

Johnson v. Highland Hills Drive Apartments, 568 S.W.2d 661, 21 Tex. Sup. Ct. J. 321, 1978 Tex. LEXIS 338 (Tex. 1978).

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Opinion

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