VENDIG v. TRAYLOR

No. 20318.

604 S.W.2d 424 (1980)

Lee D. VENDIG, Appellant, v. Charles R. TRAYLOR, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied August 20, 1980.


Attorney(s) appearing for the Case

Donald W. Davis, Collie, McSpedden, Robert & Davis, Dallas, for appellant.

Willis E. Kuhn, Moore & Peterson, Dallas, for appellees.

Before AKIN, CARVER and STOREY, JJ.


AKIN, Justice.

This is an appeal from a summary judgment granted the defendant in a suit for breach of a land sale contract. Plaintiff sued on three separate theories: contract, fraud and the Deceptive Trade Practices Act. Because plaintiff's testimony of an oral modification of the written contract is barred by the Statute of Frauds, we affirm as to the contract theory of recovery. As to the fraud and Deceptive Trade Practice Act theories, we reverse because they...

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