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BELL v. MEEKS

No. C-5680.

725 S.W.2d 179 (1987)

Benny E. BELL, et ux., Petitioners, v. Bobby L. MEEKS, Individually and d/b/a Barco, Respondent.

Supreme Court of Texas.

Rehearing Denied March 25, 1987.

Attorney(s) appearing for the Case

Ronald H. Clark, Henderson, Bryant & Wolfe, Sherman, for petitioners.

Joseph W. Stewart, Martin T. Bode and Steven R. Pierret, Joseph W. Stewart, P.C., Arlington, for respondent.

OPINION

RAY, Justice.

This cause arises under the Deceptive Trade Practices-Consumer Protection Act as amended in 1973 and 1975. The Bells originally brought suit against Meeks seeking recovery on theories of negligence and express and implied warranties. On the last day of the jury trial, and after all the evidence was in, the Bells sought to amend their pleadings to include a claim for damages under the D.T.P.A. on the theory of misrepresentation. After...

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