PEREZ v. BRIERCROFT SERVICE CORP.

No. D-0220.

809 S.W.2d 216 (1991)

Eugene PEREZ, Petitioner, v. BRIERCROFT SERVICE CORPORATION, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 12, 1991.


Attorney(s) appearing for the Case

O.F. Jones, III, Victoria, for petitioner.

Charles B. Frye, Lubbock, for respondent.


OPINION

GONZALEZ, Justice.

In this action for damages arising from a home improvement project, the principal issue is whether a plaintiff-consumer is entitled to rescission or cancellation of a note when such relief was not specifically pleaded but the defendant asserted a defense or limitation of liability which raised the plaintiff's right to rescission or cancellation. The court of appeals held that rescission must be specifically pleaded. Under the facts...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases