Canada v. Kearns

DIES, Chief Justice.

In the summer of 1977, Ray Canada and wife Elaine Canada, plaintiffs below, purchased a home from Louis Bowen and wife Virginia Bowen in Port Neches. They alleged that they were shown the home by Virginia Bowen who was acting as an agent and employee of the defendant below, Gayle Kearns, a real estate broker, and that Virginia Bowen assured plaintiffs the roof was in good shape; that this proved untrue, to their damage. Trial was to a jury which found for plaintiffs. Thereafter, the trial court set aside the jury finding to one special issue and granted judgment N.O.V. for…