WEITZEL v. BARNES

No. C-3715.

691 S.W.2d 598 (1985)

Dennis and Lori WEITZEL, Petitioners, v. Michael BARNES et al., d/b/a Barnes/Segraves Development, Respondents.

Supreme Court of Texas.

Rehearing Denied July 10, 1985.


Attorney(s) appearing for the Case

Leeper and Priddy, Timothy G. Chovanec, Fort Worth, Longley & Maxwell, Joe K. Longley, Austin, for petitioners.

Lane, Ray & Getchell, Donald H. Ray, Fort Worth, for respondents.


KILGARLIN, Justice.

This Deceptive Trade Practices-Consumer Protection Act case presents three major issues. First, does the parol evidence rule prevent proof of an oral representation as to the quality of goods when a written contract of sale gives the buyer the right to inspect those goods before purchase? Second, must a consumer show that the seller was motivated by trickery, artifice, or device, in making the representation as to the quality of the goods? Third...

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