Cloer v. General Motors Corporation

STEGER, District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BACKGROUND

This is a suit brought by the Plaintiff, Robert Cloer, for damages arising out of the purchase of a GMC Astro truck from the Ford and Calhoun GMC Truck Company in Tyler, Texas. The Plaintiff bases his claim on a breach of express and implied warranties of merchantability and fitness for a particular purpose and he seeks treble damages in the amount of $58,000.00 and attorney’s fees under Vernon’s Tex.Codes Ann,., Business and Commerce Code, § 17.50. The case was tried before a jury on April 8, 1975, and at the close of…