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

Summary

The Texas Supreme Court reversed the lower courts and held that, in an "as is" commercial sale, the seller’s disclaimer of liability bars strict liability for damage to the product itself, so the plaintiff’s claim must be pursued under the Uniform Commercial Code warranty law, not tort. The dissent argued that the defect was unreasonably dangerous and should support a strict‑liability tort claim.