Mail Box, Inc. v. Communicators, Inc.

OPINION

KENNEDY, Justice.

Appellant brought suit based on three theories of recovery: (1) unlawful, deceptive trade practices under TEXAS BUS. & COM. CODE ANN. § 17.50 (Vernon Supp. 1985); (2) breach of the implied warranty of merchantability; and (3) rescission of the contract due to nonconformities substantially impairing the value of the goods. Appellee brought a counterclaim for an indebtedness by appellant in the purchase of goods and services. Appellee, defendant below, moved that the Court disregard Findings 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16 and 17. The trial court granted…