Barthlow v. Metcalf

WALLACE, Justice.

This is an appeal from an order overruling the Plea of Privilege of Barthlow in a suit under the Deceptive Trade Practices Act, Tex.Bus. & Comm.Code Ann., Sec. 17.-41, et seq. arising from the purchase by Metcalf of a used automobile. The controlling issue is whether Metcalf was a “consumer” as defined by the Act. We affirm.

Metcalf’s original petition alleged that (1) he was a consumer within the meaning of the Act; (2) he purchased a used automobile from Gallery Datsun, Inc., an automobile dealer in Bryan, Texas, to whom Barth-low had sold the automobile; (3) at the time of…