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JIM WALTER HOMES, INC. v. FOSTER

No. 5364.

593 S.W.2d 749 (1979)

JIM WALTER HOMES, INC., Appellants, v. Ervin and Gladys FOSTER, Appellee.

Court of Civil Appeals of Texas, Eastland.

December 13, 1979.

Attorney(s) appearing for the Case

Charles C. Murray, Atlas, Hall, Schwarz, Mills, Gurwitz & Bland, McAllen, for appellants.

Fred Brown, Garland, for appellee.

McCLOUD, Chief Justice.

Plaintiffs, Ervin and Gladys Foster, sued defendant, Jim Walter Homes, Inc., under the Deceptive Trade Practices—Consumer Protection Act, alleging that defendant breached an implied warranty to construct plaintiffs' house in a good and workmanlike manner. Following a nonjury trial, the court found that plaintiffs suffered $9,000 actual damages from defendant's breach of warranty. The actual damages were trebled pursuant to Section 17...

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