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MILLER v. SPENCER

No. 05-86-00696-CV.

732 S.W.2d 758 (1987)

Thomas MILLER, Appellant, v. Mr. and Mrs. Richard SPENCER, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 24, 1987.

Attorney(s) appearing for the Case

Edmund Burke, Frisco, for appellant.

Bill Liebbe, Dallas, for appellees.

Before HOWELL, McCLUNG and McCRAW, JJ.

McCRAW, Justice.

Mr. and Mrs. Richard Spencer hired Thomas Miller to construct a foundation and move a house onto their property. When foundation problems developed, the Spencers sued Miller under the Deceptive Trade Practices-Consumer Protection Act1 (DTPA) and recovered damages for breach of warranty. The jury found that the foundation was fit for ordinary purposes for which foundations are used but that it was unfit for the particular...

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