Building Concepts, Inc. v. Duncan

DRAUGHN, Justice.

Mr. and Mrs. Marvin Duncan instituted this suit against Building Concepts, Inc. and Southmore Savings Association (“Southmore”), seeking damages under the Deceptive Trade Practices Act (Tex.Bus. & Com.Code Ann. § 17.41 et seq.) (“DTPA”). The suit arose from a breach of contract for construction of their residence. Building Concepts, Inc. counterclaimed for recovery under the contract, or in quantum meruit, for labor done and materials furnished in constructing the Duncans’ residence.

At the conclusion of plaintiffs’ case, the trial court directed a verdict for South-more.…