Gage v. Tom Fairey Co.

STEPHENS, Justice.

This is an appeal from a trial court’s order dismissing, with prejudice, a suit filed by Donald G. Gage against the Tom Fairey Company (“the Company”) for damages under the Texas Deceptive Trade Practices Act, TEX.BUS. & COM.CODE *128ANN. § 17.46 (Vernon Supp.1985) (“DTPA”). The trial court concluded that the suit was barred by res judicata. We disagree and, accordingly, reverse and remand.

Gage’s petition alleges that he purchased a tractor from the Company on March 4, 1980. Prior to the March 4th purchase he had used the tractor under a lease arrangement. During the purchase…