Morgan Buildings & Spas, Inc. v. Humane Society of Southeast Texas
Texas Court of Appeals, 9th District (Beaumont)
1Opinion of the Court
OPINION
DAVID GAULTNEY, Justice.
Morgan Buildings and Spas, Inc. appeals a judgment in favor of the Humane Society of Southeast Texas based on breach of contract, breach of warranty, fraud, and violations of the Texas Deceptive Trade Practices Act (DTPA). We conclude Morgan breached the contract, but there is insufficient evidence of the amount of damages, and the recoverable attorney fees were not segregated from non-recoverable fees. We conclude the DTPA, fraud, and warranty claims have no merit. The judgment is reversed and the cause is remanded for a new trial on the contract claim.
The Sale
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