Smith v. Kinslow

GUITTARD, Chief Justice.

This appeal concerns damages for breach of an express warranty of repairs of a vehicle under section 17.50 of the Deceptive Trade Practices Act as amended in 1977, 1977 Tex.Gen.Laws, ch. 216, § 5, at 603. The question is whether plaintiff is entitled to recover as actual damages the amount paid to defendant for repairs found to be worthless without proving the amount required to put the vehicle in the warranted condition. We hold that proof of the amount paid is sufficient. We hold also that the trial court erred in awarding treble damages in addition to actual…