Texas Supreme Court

Ernestine Humber, Petitioner v. Claude Morton, Respondent

March 27, 196811 Tex. Sup. Ct. J. 320

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and held that a builder‑vendor who sells a newly constructed house is subject to an implied warranty of fitness for habitation; the doctrine of caveat emptor does not bar recovery. Accordingly, the court remanded the case for a trial on the merits.