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ERWIN v. SMILEY

No. 11-96-280-CV.

975 S.W.2d 335 (1998)

Archie T. ERWIN and Maxine Erwin, Appellants, v. David C. SMILEY, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled May 28, 1998.

Ordered Published May 28, 1998.

Attorney(s) appearing for the Case

Tom D. Rorie, Stripling, Rorie, Pederson & Floyd, Nacogdoches, for appellant.

E. McAlister Benchoff, Benchoff & Benchoff, Nacogdoches, for appellee.

Before ARNOT, C.J., and DICKENSON and WRIGHT, JJ.

OPINION

WRIGHT, Justice.

Archie T. Erwin and his wife, Maxine, sold their house to David C. Smiley. Later, Smiley sued the Erwins for breach of warranty and for violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA), TEX. BUS. & COM. CODE ANN. §§ 17.41 et seq. (Vernon 1987 and Supp.1998). Smiley alleged that the Erwins made various misrepresentations regarding the house and that they also failed to disclose certain information...

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