Texas Supreme Court

Mid Continent Aircraft Corporation, Petitioner v. Curry County Spraying Service, Inc., Respondents

July 12, 197821 Tex. Sup. Ct. J. 481

Summary

The Texas Supreme Court held that in an "as is" commercial sale, a seller’s disclaimer of liability bars strict liability for damage to the product itself, making the claim governed by warranty law under the UCC; therefore Mid Continent Aircraft is not liable for the airplane’s damage. Justice Pope dissented, arguing that the defect was unreasonably dangerous and that strict liability should apply despite the "as is" clause.