Crawford v. Ace Sign, Inc.

Whether nonperformance on a contract is actionable under the Texas Deceptive Trade Practices-Consumer Protection Act, Tex.Bus. & Com.Code §§ 17.41-17.63, is the dispositive issue in this case. We hold it is not.

Ace Sign Inc. and James R. Willett, the President of Ace Sign, sued Larry Crawford, Southwestern Bell Media Inc., and Southwestern Bell Yellow Pages Inc. for omission of a yellow page advertisement from the 1989-90 telephone directories in Jefferson County, Texas. Crawford, a sales representative for Yellow Pages, met twice with Wil-lett in the fall of 1989 to discuss Ace Sign’s late…