Pape Equipment Co. v. I.C.S., Inc.

OPINION

DRAUGHN, Justice.

Appellants Pape Equipment Company and Timmins Equipment Company appeal a judgment awarding appellee, I.C.S., Inc., actual damages of $388,793.60 that were trebled under the 1977 Deceptive Trade Practices Act (D.T.P.A.) plus prejudgment interest for a total amount of $1,498,288.10.

The critical appellate issue in this case is whether the appellee I.C.S. proved that it had been assigned Dow Chemical Company’s cause of action against the appellants. In their first point of error appellants argue that appellee failed to prove such an assignment, without which it has no…