Indart v. Bolin Development Corp.
Texas Supreme Court
Indart v. Bolin Development Corp., 814 S.W.2d 750 (Tex. 1991)
34 Tex. Sup. Ct. J. 816; 1991 Tex. LEXIS 99; 1991 WL 174899
Indart v. Bolin Development Corp.
Opinion of the Court
After a fire destroyed their rental property, Ken Indart and Ziea Tabani brought an action against their landlord that included an allegation of breach of the common-law warranty of habitability. In reversing the trial court’s judgment in favor of In-dart and Tabani, the court of appeals observed that the Legislature abrogated the common-law warranty of habitability in residential tenancies, substituting in its place the statutory rights and liabilities scheme in Chapter 92 of the Texas Property Code. In denying petitioners’ application for writ of error, we should not be taken as approving or disapproving of the court of appeals’ discussion of actual damages under this statute.
Reference
- Full Case Name
- Ken INDART and Ziea Tabani v. BOLIN DEVELOPMENT CORP. and George Bolin
- Status
- Published