Texas Supreme Court

Signal Oil and Gas Company, Petitioner v. Universal Oil Products, Respondents

July 12, 197821 Tex. Sup. Ct. J. 472

Summary

The Texas Supreme Court affirmed the lower courts' judgments on the negligence and strict liability causes of action, but reversed and remanded the judgment on the breach of implied warranty cause of action against Alcorn and Procon for a new trial. The Court held that Procon is a "seller" under the Texas Business and Commerce Code and that buyer's contributory negligence only reduces, not bars, recovery under an implied warranty.