Cheek v. Zalta

PAUL PRESSLER, Justice.

The plaintiff below recovered a judgment of $21,000 plus $10,000 in attorney’s fees against appellant for violation of the Deceptive Trade Practices Consumer Protection Act, TEX.BUS. & COM.CODE ANN. § 17.41 et. seq. (Tex.UCC) (Vernon Supp. 1985). We affirm.

The parties entered into an agreement in 1978 whereby appellee would exchange his twenty-four foot Baja boat for a 1978 eighteen foot Caravelle boat which appellant had purchased to trade to appellee. Appel-lee testified that appellant represented that he was a Caravelle dealer and that the boat was a new, unused 1978…