lease from McKinney form the basis of the complaint. Melody Home, 741 S.W.2d at 352. Johnston has established consumer status, the first element in a DTPA breach of warranty claim. Leonard & Harral Packing Co., 883 S.W.2d 337, 342. Few Texas cases have addressed the application of the common law breach of warranty of merchantability to a lease of goods. However, those addressing it have found that the implied warranty of merchantability applies to lease transactions. See LaBella, 942 S.W.2d at 131 (applying an implied warranty to a lease on a vehicle and stating that the warranty is a representation or promise by a lessor as to the quality or suitability of the consideration leased); W.R. Weaver Co. v. Burroughs Corp., 580 S.W.2d 76, 81 (Tex.Civ.App.—El Paso, 1979, writ ref'd n.r.e.) (<HOLDING>); American Lease Plan v. Ben-Kro Corp., 508
holding that a standard form disclaimer for negligence of thirdparty tour operators which appeared on plaintiffs cruise ticket was valid as a disclaimer holding that representations in a product bulletin created an express warranty inconsistent with disclaimer contained therein which was thereby inoperable holding similar language to be a valid disclaimer holding inconspicuous written disclaimer to be unenforceable absent actual knowledge of the disclaimer holding that the language in the lease agreement for computer accounting programs was an effective disclaimer of an implied warranty but for language in a statement of installation conditions which document created a genuine issue of material fact as to disclaimer