Trenholm v. Ratcliff

SPEARS, Justice.

Trenholm, a homebuilder, sued Ratcliff, a developer, under the Deceptive Trade Practices Act and the fraud in real estate transaction provisions of the Business and Commerce Code. There have been two trials. After the first, the trial court rendered judgment on a jury verdict in favor of Trenholm. The court of appeals reversed the judgment and remanded for trial solely the issue of common law fraud. Ratcliff v. ■Trenholm, 596 S.W.2d 645 (Tex.Civ.App.—Tyler 1980, writ ref’d n.r.e.).

The cause before us involves the appeal from the second trial for fraud. After the jury returned…