Legal Opinion

Raye v. Fred Oakley Motors, Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided January 18, 1983No. 05-81-01324-CVPublishedCited by 29 opinions

1Opinion of the Court

SPARLING, Justice.

In a suit brought under the Deceptive Trade Practices Act, the jury awarded Raye, appellant, $3,500.00 in damages plus attorney’s fees. Appellee, Oakley Motors, moved for judgment notwithstanding the verdict, claiming that there was no evidence of misrepresentation or breach of warranty by Oakley Motors, and that the damage special issue submitted an improper measure of damages. The motion for judgment NOY was granted, and a take nothing judgment rendered against Raye. We agree that the damage issue submitted an improper measure of damages and affirm the judgment of the…

2Cases cited8 opinions

  1. Brown v. American Transfer & Storage Co.Texas Supreme Court · 1980
  2. Woo v. Great Southwestern Acceptance Corp.Court of Appeals of Texas · 1978
  3. Smith v. KinslowCourt of Appeals of Texas · 1980
  4. United Postage Corp. v. KammeyerCourt of Appeals of Texas · 1979
  5. Chrysler Corp. v. SchuenemannCourt of Appeals of Texas · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Rollins, Inc. v. ButlandDistrict Court of Appeal of Florida · 2006
  2. Rollins, Inc. v. HellerDistrict Court of Appeal of Florida · 1984
  3. Coghlan v. Wellcraft Marine Corp.Court of Appeals for the Fifth Circuit · 2001
  4. Urling v. Helms Exterminators, Inc.District Court of Appeal of Florida · 1985
  5. Cain v. Pruett, Texas Court of Appeals, 5th District (Dallas)1997

24 more not listed; retrieve them via the Exa API.

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