In Ellis v. Precision Engine Rebuilders, Inc., 68 S.W.3d 894 (Tex. App.-Houston 1st Dist. 2002, no pet.), a buyer purchased a rebuilt engine. The engine did not work properly and the buyer returned it several times for repairs. Id. at 895. The buyer sued alleging causes of action for breach of contract and breach of warranty. The seller obtained summary judgment. The court of appeals held that Ellis did not have a breach of contract claim because under the UCC the seller performed by delivering the engine to the buyer. Id. at 897. The holding in Ellis was based on the provisions of the UCC.