Sears, Roebuck & Co. v. Marquez

Irene Marquez (Marquez) brought this suit against Sears, Roebuck & Company (Sears) seeking to recover damages for breach of a “Termite Control Contract and Guarantee.” The trial court rendered a judgment notwithstanding the verdict in favor of Sears, ignoring the jury’s verdict awarding $25,000 damages to Marquez to repair her house.

The court of appeals reviewed the evidence and agreed with the trial court’s judgment that there was no legally sufficient evidence to support the jury’s findings as to the existence or amount of damages. However, the court of appeals reversed the trial court,…