Boman v. Woodmansee

SHANNON, Justice.

Appellants, Dale Boman and wife, Marlene Boman, filed suit in the district court of Travis County against appellee, Jim Wood-mansee, doing business as Aztec Pools. Appellants sought treble damages for breach of warranty under Tex.Bus. & Comm.Code Ann. § 17.41, et seq., commonly termed the Deceptive Trade Practices-Consumer Protection Act. After trial to a jury, appellants moved for judgment for $16,-069.50 in damages, that sum representing three times the amount of actual damages found by the jury. The district court overruled appellants’ motion for judgment, and instead,…