Cars & Concepts, Inc. v. Funston

OPINION

MASSEY, Chief Justice.

We reverse judgment by default in this treble damages case for want of jurisdiction of the person of the defendant.

Randy Funston, as plaintiff, brought suit, under the Tex.Bus. & Comm.Code Ann., Subchapter E. “Deceptive Trade Practices and Consumer Protection”, § 17.41, et seq, and including § 17.46, “Deceptive Trade Practices Unlawful” (in sub. (b) “(5) representing that goods . . . have . characteristics, . . . benefits, or quantities which they do not have . . .”).

Date suit originally brought was June 26, 1978, and in plaintiffs petition the defendants named…