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CAIN v. BAIN

No. C-4764.

709 S.W.2d 175 (1986)

James CAIN, d/b/a James Cain Company, et al., Petitioners, v. James Lee BAIN et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied June 4, 1986.

Attorney(s) appearing for the Case

Ross, Banks, May, Cron & Cavin by John A. Cavin, Houston, for petitioners.

Ross, Banks, May, Cron & Cavin, Gordon A. Holloway, and N. Carlene Rhodes, Houston, for respondents.

PER CURIAM.

James and Karen Bain purchased a 20-year-old house in 1976 from George and Carroll Banks. The real estate agent for the transaction was an employee of James Cain Company. In 1978, the Bains tried to sell their house but were unable to find a buyer because of a foundation defect. They sued James Cain Company for violations of the Texas Deceptive Trade Practices Act. The trial court granted Cain's Motion for Directed Verdict and rendered a take nothing judgment...

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