Express Warranty Claim Requires More Than Contractual Identification of Services

June 11, 2014

In this breach of warranty case, the Court upheld the trial court’s summary judgment dismissal because the contract at issue did not contain an express warranty.  Although the plaintiff argued that the contract listed the services the defendant was to provide, the Court found that “[t]he mere identification of what services are to be performed is not, without more, an express warrant that those services are to be performed to any particular standard or quality.”

Staton Holdings v. Tatum LLC