Specialty Maintenance & Construction, Inc. v. Rosen Systems, Inc.

COHEN, Justice.

Specialty Maintenance & Construction, Inc. (“Specialty”) sued Rosen Systems, Inc. (“Rosen”), alleging Rosen violated the Deceptive Trade Practices Act by advertising goods for auction with intent not to sell them as advertised. The trial court rendered a take-nothing judgment, based on the jury verdict that Rosen did not advertise deceptively.

The jury answered question 1(a) as follows:

Do you find from a preponderance of the evidence that on the occasion in question Rosen Systems, Inc.:

A) Advertised goods and services with the intent not to sell them as advertised?

The jury…