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FAIRMONT HOMES, INC. v. UPCHURCH

No. A14-85-393-CV.

704 S.W.2d 521 (1986)

FAIRMONT HOMES, INC., Appellant, v. Roy G. UPCHURCH, et ux., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied February 20, 1986.

Attorney(s) appearing for the Case

William L. McAdams, Huntsville, and Joseph F. Manak, Houston, for appellant.

Donald O. Baker, Huntsville, for appellees.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.

OPINION

ELLIS, Justice.

The previous opinion rendered in this cause on January 2, 1986, is withdrawn and the following opinion is substituted.

Appellant, Fairmont Homes, Inc., of Indiana, a foreign corporation, appeals from a default judgment by writ of error. Appellees, Roy and Margie Upchurch, sued Mobile America Sales Corporation and Fairmont Homes, Inc., under the Deceptive Trade Practices Act for alleged defects to

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