Haney v. Purcell Co., Inc.

OPINION ON REMAND FROM THE TEXAS SUPREME COURT

O’CONNOR, Justice.

Samuel and Judith Haney, appellants, sued Purcell Company, appellee, for negligence, breach of implied warranties, fraud, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA). After a jury trial, the court entered a take-nothing judgment against the Haneys, based on the jury findings.

The Haneys appealed, asserting eight points of error. We overruled their fifth point of error, in an unpublished opinion dated June 9, 1988, because the Haneys did not properly object during trial, and therefore waived…