[DOWNLOAD] "Nobility Homes Texas v. John W. Shivers Et Al." by Dallas the Fifth Court of Appeals # eBook PDF Kindle ePub Free

August 22, 2021

eBook details

Title: Nobility Homes Texas v. John W. Shivers Et Al.
Author : Dallas the Fifth Court of Appeals
Release Date : January 05, 1977
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

This is a products liability case. It presents the question of whether a remote manufacturer is liable for the economic loss his product causes a consumer with whom the manufacturer is not in privity. John Shivers sued Nobility Homes of Texas, Inc., the manufacturer of a mobile home. Shivers purchased the home from Marvin Hurley, an independent retail dealer who is now out of business and is not joined as a party to this suit. Shivers purchase contract was only with Hurley; Shivers was not in privity with Nobility Homes. The trial court sitting without a jury, found that the mobile home was defective in both its workmanship and materials. There were no findings that these defects made the unit unreasonably dangerous or caused physical harm to Shivers or his property. The trial court did find that the mobile home was negligently constructed and not fit for the purposes for which it was sold. The trial court also found the units reasonable market value to be 8,750 dollars less than its purchase price. This is Shivers economic loss; it is the only damage which Shivers suffered. The trial court awarded judgment to Shivers. The court of civil appeals, with a divided court, affirmed that judgment. 539 S.W.2d 190. We affirm the judgments of the courts below.