Supreme Court of Texas

In a suit brought by tenant, playground equipment manufacturing company, against its landlord arising out of a building fire, summary judgment for landlord is affirmed where: 1) tenant's express disclaimer of commercial real estate landlord's implied warranty, that their premises are suitable for the tenants' intended commercial purposes, precluded their suit against the landlord for breach of the warranty; and 2) tenants' agreement to lease the commercial building "as is" prevents them from suing the landlord for other claims based on the property's condition.

Appellate Information

• Decided 04/20/2007
• Published 04/20/2007

Judges

• Chief Justice JEFFERSON delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Christopher A. Fusselman, The Fusselman Law Firm, Gus D. Oppermann V, Folger, Wheat & Opperman, L.L.P., Houston, for Petitioner., Sylvia Ann Mayer, Amicus Curiae, Well, Gotshal & Manges LLP, Houston, for Pacific Legal Foundation.


• For Appellees:
  
• William H. Ford, Cathleen M. Stryker, Ruth G. Malinas, Kathy H. Kang, Ball & Sweet, P.C., San Antonio, for Respondent.