Texas Supreme Court
Edward Cate, Jr., D/b/a Cate’s Transmission Service, Petitioner v. Dover Corporation, Respondent
June 6, 199033 Tex. Sup. Ct. J. 535
Summary
The Texas Supreme Court reversed the appellate court and held that a disclaimer of the implied warranty of merchantability must be conspicuous to a reasonable person, and that a non‑conspicuous disclaimer is unenforceable absent proof of the buyer's actual knowledge. The court remanded for further proceedings.