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

Summary

The Texas Supreme Court held that Southwestern Bell's failure to publish the agreed advertising display constituted a breach of an express warranty and that the contractual limitation of liability clause was part of that warranty, thereby limiting any recovery under the DTPA. Accordingly, the Court reversed the Court of Appeals and entered judgment that FDP take nothing. Justice MAUZY dissented, arguing that the case should be remanded to consider the negligence issue.