Southwestern Bell Telephone Company, Petitioner v. Fdp Corporation, Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that Southwestern Bell’s omission of a display in the Yellow Pages constituted a breach of an express warranty and that the contract’s limitation‑of‑liability clause was part of that warranty, thereby limiting FDP’s recovery to the amount paid for the omitted display. The Court also held that the negligence claim was unavailable under DeLanney and that the jury’s finding of no lost‑profits damages was irrelevant. A dissent argued the case should be remanded to consider the negligence issue.