PJC Business

DTPA/I NSURANCE C ODE

PJC 102.10

Seller must be merchant. The implied warranty arises only if the seller is a “merchant” as defined in Tex. UCC §2.104(a). Tex. UCC §2.314(a). Whether the seller is subject to the statute has been held to be a jury issue. Nelson v. Union Equity Co-operative Exchange , 536 S.W.2d 635, 641 (Tex. App.—Fort Worth 1976), aff’d on other grounds , 548 S.W.2d 352 (Tex. 1977).

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