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SINGLETON v. PENNINGTON

No. 19252.

568 S.W.2d 367 (1977)

J. W. SINGLETON, III, Appellant, v. Charles PENNINGTON, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 7, 1978.

Attorney(s) appearing for the Case

Thomas K. Boone, Dalton, Moore, Forde, Joiner & Stollenwerck, Dallas, for appellant.

Gregory L. Ceshker, Ashley & Welch, Dallas, for appellee.

GUITTARD, Chief Justice.

The principal question on this appeal is whether the Deceptive Trade Practices Act, Texas Business and Commerce Code §§ 17.41 to 17.63 (Vernon Supp.1977), imposes liability for an innocent misrepresentation by a seller of second-hand goods who is not in the business of selling such goods. We conclude that the Act is not limited to sales by persons in the business of selling. We further conclude that the findings of the trial court...

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