McDaniel v. Dulworth

AKIN, Justice.

The question presented by this appeal is whether Tex.Bus. & Comm.Code Ann. § 17.-50(b)(1) (Vernon Supp.1976), a part of the Deceptive Trade Practices and Consumer Protection Act, requires the award of treble damages when a violation of the Act is established, or whether the award of treble damages is discretionary with the trial court. We hold that it is mandatory rather than discretionary, and, accordingly, we modify the trial court’s judgment by trebling the damages.

James R. McDaniel sued H. C. Dulworth, doing business as Dulworth Welding, for damages resulting from the…