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TRIAL v. McCOY

No. 6595.

553 S.W.2d 199 (1977)

Hubert TRIAL, d/b/a Old Fort Trading Post, Appellant, v. Don McCOY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 12, 1977.

Attorney(s) appearing for the Case

Lonnie W. Duke, San Antonio, for appellant.

Schwartz & Earp, Larry H. Schwartz, David R. McClure, El Paso, for appellee.

OPINION

PRESLAR, Chief Justice.

The question presented by this appeal is whether Tex.Bus. & Comm.Code Ann. Sec. 17.50, known as the Deceptive Trade Practices —Consumer Protection Act, permits the award of treble damages and attorney's fees to one who is a merchant. A second question involves the proof necessary to show a breach of warranty of title.

Appellee bought an antique pistol from Appellant for $1,000.00 and brought this action...

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