Melody Home Manufacturing Co. v. Barnes

In Melody Home Manufacturing Co. v. Barnes, 741 S.W.2d 349, 355, 31 Tex. Sup. Ct. J. 47 (Tex. 1987). Melody Home recognized for the first time an implied warranty of good workmanship in the repair or modification of tangible goods or property. Id. at 354. The Court further announced as a matter of public policy that this implied warranty for repair services could not be waived or disclaimed. Id. at 355. Referencing the dissent in Robichaux, the Court noted the incongruity of requiring the creation of an implied warranty and yet permitting its elimination "by a pre-printed standard form disclaimer or an unintelligible merger clause." Id. The Court suggested that such disclaimers should not be allowed because they encouraged shoddy workmanship, thus circumventing the consumer's reasonable expectations that the job would be performed with reasonable skill. Id. At the end of this discussion, the Court purported to overrule Robichaux "to the extent that it conflicts with this opinion." Id.