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Cate v. Dover Corp.

Texas Supreme Court
790 S.W.2d 559 (1990)


Edward Cate (plaintiff) bought machinery from Dover Corporation (Dover) (defendant). The machinery did not function properly, and Cate sued Dover for breach of the implied warranty of merchantability. Dover’s written, express warranty covering the machinery was contained under a large heading titled “Warranty.” The warranty text included a disclaimer of implied warranties in a separate paragraph, which was in the same typeface, size, and color as the text of the warranty. Dover argued that Cate’s claim was barred by the disclaimer.

Rule of Law


Holding and Reasoning (Doggett, J.)

Concurrence (Ray, J.)

Concurrence (Spears, J.)

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