Kline v. U.S. Marine Corp.

882 S.W.2d 597, 27 U.C.C. Rep. Serv. 2d (West) 158, 1994 Tex. App. LEXIS 2103, 1994 WL 456805
CourtCourt of Appeals of Texas
DecidedAugust 25, 1994
Docket01-94-00093-CV
StatusPublished
Cited by9 cases

This text of 882 S.W.2d 597 (Kline v. U.S. Marine Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kline v. U.S. Marine Corp., 882 S.W.2d 597, 27 U.C.C. Rep. Serv. 2d (West) 158, 1994 Tex. App. LEXIS 2103, 1994 WL 456805 (Tex. Ct. App. 1994).

Opinions

OPINION

COHEN, Justice.

This is an appeal from a judgment in favor of appellees, Robert A. Kline and Angela L. Kline, for breach of warranty. We reverse and render judgment that appellees take nothing.

On April 21, 1986, the Klines bought a motorboat and motor from Ted R. Briggs Marine Enterprises, Inc. Bayliner manufactured the boat; U.S. Marine manufactured the motor. Bayliner provided a written warranty to repair or replace any defective parts on the boat within one year from the date of delivery. U.S. Marine provided a written warranty on the motor, promising to replace any defective parts without charge for 12 months after purchase. Only the U.S. Marine warranty on the motor is relevant to this appeal.

Kline took delivery of the boat and motor two weeks after purchase and immediately took the boat to the lake. Kline used the boat six times during May, 1986, and experienced no problems with the boat’s motor. Because Kline suffered a back injury, the boat was not used for the duration of the summer.

Kline next took the boat out in November, 1986, when his problems with the motor began. While out on Lake Conroe, the motor popped out of the water and into the air. Kline returned to shore. When Kline removed the boat from the water, the motor fell onto the cement boat ramp.

The next day, Kline took the boat and motor to Ted Briggs Marine, who accepted the damaged motor and mount as a defective part, repairing it under warranty at no cost to Mr. Kline. Kline stored the boat for the next three months.

Kline- next used the boat in March or April of 1987, and for the first time began experiencing problems with the motor losing pow[599]*599er. Kline again took the boat to Ted Briggs Marine. Briggs replaced the power pack or CD module, which Kline paid for because the warranty had expired.

The problems with the motor persisted. Khne discovered a cylinder was cracked. Because Ted Briggs Marine was bankrupt, Kline took the boat to another U.S. Marine authorized dealer. Although the motor was no longer under warranty, U.S. Marine replaced the short block of the motor at no cost.

Kline took the boat out the next day and the motor continued to “bog down.” Kline took the boat to another U.S. Marine authorized dealer who replaced the jets in the carburetor and trigger coil, but could not locate the exact source of the problem. As a result, Kline began working on the motor himself.

Kline’s personal attempts at fixing the motor were unsuccessful, and he again took the motor to yet another U.S. Marine authorized dealer. The dealer took apart the short block, but was unable to locate the source of the problem. Nevertheless, Kline was given another short block at no charge. This was the third short block to be installed. The problems continued.

Kline returned the motor to the dealer who replaced the short block. The dealer tested the motor again, including checking the compression, carburetor, fuel pump, and replacement of the puddle drain gasket. Again, although the warranty had expired, the work was done at no cost to Kline. The problems continued.

Kline spoke to a U.S. Marine representative, informed him of the persisting problems, and was sent two new carburetors and other replacement parts. The parts were installed without charge, but the motor still performed poorly. Appellees contend that in the course of repairing the motor, appellant damaged the boat.

The Klines sued for breach of express warranty on the motor and breach of implied warranty to repair in a good and workmanlike manner. The jury found for appellees on both theories, and judgment was rendered in their favor for $12,500 plus attorney’s fees. Therefore, if the record supports either ground of recovery, we will affirm. American Petrofina, Inc. v. PPG Industries, Inc., 679 S.W.2d 740, 748 (Tex.App.—Dallas 1984, writ dism’d by agr.).

In its first point of error, appellant contends the express warranty claim was barred as a matter of law by limitations. We agree.

The statute of limitations in contracts for sale of goods provides:

a. An action for breach of any contract for sale must be commenced within four years after the cause of action accrued. By the original agreement, the parties may reduce the period of limitation to not less than one year but may not extend it.
b. A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Tex.Bus. & Com.Code Ann. § 2.725 (Tex. UCC) (Vernon 1968) (emphasis added).

The Klines took delivery of the motor in May, 1986. They sued on August 29, 1990, more than four years later. They contend, however, that the warranty explicitly extends to the future performance of goods, and therefore, limitations did not run until they discovered the breach.

The warranty provides:

This limited warranty covers failures by defects in material and workmanship in normal use and service for the first twelve months from the date of purchase by the first retail purchaser.
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U.S. Marine will repair or replace without charge for parts or labor, any parts it supplies which it deems defective pursuant [600]*600to the coverage described above at an outboard dealer authorized by U.S. Marine.

This warranty covers “failures by defects in material and workmanship” for 12 months from the date of purchase. Appellant relies on Muss v. Mercedes-Benz of North America, 734 S.W.2d 155, 157-58 (Tex.App.—Dallas 1987, writ ref'd n.r.e.), which held that such warranty language does not explicitly extend to the future performance of goods, but instead limits liability exclusively to repair and replacement costs.

In Muss, the warranty stated:

Any authorized Mercedes-Benz dealer of the owner’s choice will, without charge to the owner, perform warranty repairs made necessary because of defects in material or workmanship_ This warranty shall remain in effect until the vehicle has accumulated 24 months or 24,000 miles of use, whichever first occurs.

Id. The Dallas court of appeals concluded that this language did not explicitly extend to the future performance of goods. Id.; see Safeway Stores, Inc. v. Certainteed Corp., 710 S.W.2d 544, 548 (Tex.1986) (stating that courts construe the exception narrowly, with emphasis on the term explicitly). Other courts have reached the same conclusion as Muss. Pako Corp. v. Thomas, 855 S.W.2d 215, 219-20 (Tex.App.—Tyler 1993, no writ); Patton v. Mack Trucks, Inc., 360 Pa.Super.

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Kline v. U.S. Marine Corp.
882 S.W.2d 597 (Court of Appeals of Texas, 1994)

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882 S.W.2d 597, 27 U.C.C. Rep. Serv. 2d (West) 158, 1994 Tex. App. LEXIS 2103, 1994 WL 456805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kline-v-us-marine-corp-texapp-1994.