Melody Home Manufacturing Company, Petitioner v. Lonnie Barnes, Respondents

Summary

The Texas Supreme Court affirmed the judgment of the Court of Appeals, holding that the Barneses were consumers for the repair services and that an implied warranty of good and workmanlike performance applies to repair or modification of existing tangible goods under the DTPA. The Court created a new implied warranty for service transactions, held that such warranty cannot be waived or disclaimed, and upheld the discretionary damages award. Separate opinions dissented and concurred, contesting the creation of the new warranty and its policy implications.