Jones v. Smith

ON MOTION FOR REHEARING

We grant the motion for rehearing in part and withdraw our opinion and judgment of March 9, 1983.

Clifford and Sandra Jones instituted this suit seeking specific performance of an earnest money contract and damages for misrepresentation under the Deceptive Trade Practices Act, Tex.Bus. & Com.Code § 17.41 et seq., against Patricia Smith. Smith filed a counterclaim for attorney’s fees under the DTP A, alleging that the Jones had brought this suit in bad faith. Based on the jury’s finding that Smith refused to convey title under the terms of the contract, the trial court…