Miles Homes Division, Insilco Corp. v. Smith

OPINION

BURGESS, Justice.

Leonard E. Smith and Christine Smith (Smith) sued Miles Homes Division, Insilco Corporation (Miles) for fraud, negligence, and violations of the Deceptive Trade Practices Act. Judgment entered on the jury verdict awarded Smith $50,733 actual damages for fraud, $250,000 exemplary damages, and $50,000 attorneys fees with additional attorneys fees in the event of appeal. Miles raises twenty points of error on appeal. We address these points out of order.

The Smiths purchased a build-it-yourself home from Miles in 1982. They executed a Retail Installment Contract and a…