Johnson v. Highland Hills Drive Apartments

Texas Supreme Court
Johnson v. Highland Hills Drive Apartments, 568 S.W.2d 661 (Tex. 1978)
21 Tex. Sup. Ct. J. 321; 1978 Tex. LEXIS 338
Per Curiam

Johnson v. Highland Hills Drive Apartments

Opinion

PER CURIAM.

The application for writ of error is refused with the notation, “NO REVERSIBLE ERROR.” The Court of Civil Appeals held that there is no implied warranty of habitability in Texas, and, on that basis, affirmed in part. Tex.Civ.App., 552 S.W.2d 493. Our opinion in Kamarath v. Bennett, 568 S.W.2d 658 (Tex. 1978), has established such an implied warranty in this State under certain factual situations. However, the Court of Civil Appeals additionally held that even should a warranty of habitability be adopted in Texas, the facts of this ease dealing with the provision of mail facilities would not constitute a breach of such warranty. We agree.

Reference

Full Case Name
Thresia JOHNSON, Petitioner, v. HIGHLAND HILLS DRIVE APARTMENTS, Respondent
Cited By
20 cases
Status
Published