From our private database of 14,100+ case briefs...
Tex Enterprises, Inc. v. Brockway Standard, Inc.
Washington Supreme Court
66 P.3d 625 (2003)
Brockway Standard, Inc. (Brockway) (defendant) made steel containers. J.F. Shelton Company (Shelton) (defendant) was a distributor of Brockway’s steel containers. When Brockway shipped steel containers to Shelton, Brockway included an invoice. Brockway’s invoice contained terms and conditions warranting that the containers were free from defects but disclaiming all other warranties, express or implied. Tex Enterprises, Inc. (Tex) (plaintiff) used steel containers to hold Tex’s liquid-coating product. Originally, Tex used containers made by a nonparty. In 1997, a Brockway representative persuaded Tex to switch to Brockway containers, claiming Brockway containers were “just as good” for Tex’s purposes. Tex began regularly purchasing Brockway steel containers from Shelton. Tex had no knowledge of the contract between Shelton and Brockway. By 1998, Tex received numerous customer complaints about the Brockway containers. The containers’ rust inhibitor had a negative reaction with Tex’s product that ruined Tex’s product. Tex sued Shelton and Brockway, alleging breach of express warranty, breach of implied warranties, and breach of contract. Tex settled with Shelton. Brockway moved to dismiss on the grounds that these claims needed some contractual basis, and Tex and Brockway were not in privity of contract, which means they were not both parties to the same contract. Brockway also argued that Tex could not bring any warranty claims as a third-party beneficiary of Brockway’s contract with Shelton because of the warranty disclaimers in that contract. The trial court agreed with Brockway and dismissed the suit. The appeals court reversed, holding that Brockway’s direct representation to Tex created an implied warranty.
Rule of Law
Holding and Reasoning (Owens, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.