Johnson v. Highland Hills Drive Apartments
Johnson v. Highland Hills Drive Apartments
568 S.W.2d 661; 21 Tex. Sup. Ct. J. 321; 1978 Tex. LEXIS 338
(South Western Reporter, Second Series)
Johnson v. Highland Hills Drive Apartments
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.