Miller v. Spencer

McCRAW, Justice.

Mr. and Mrs. Richard Spencer hired Thomas Miller to construct a foundation and move a house onto their property. When foundation problems developed, the Spencers sued Miller under the Deceptive Trade Practices-Consumer Protection Act 1 (DTPA) and recovered damages for breach of warranty. The jury found that the foundation was fit for ordinary purposes for which foundations are used but that it was unfit for the particular purpose for which it was constructed. In five points of error, Miller complains that the evidence is insufficient and that the trial court erred in refusing…