• Tex. App. Dist. 1
  • Laura Carter Higley Justice
The appellants argue that the trial court erred in awarding attorneys' fees to the appellee on its breach of the implied warranty of merchantability claim. Texas Civil Practice and Remedies Code §38.001(8) permits an award of attorneys' fees for a suit based on a written or an oral contract. As pleaded and tried to the jury in this case, the appellee's breach of implied warranty of merchantability claim is such a claim. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-12-00458-CV, 01-24-2013.