Campbell v. Booth

I respectfully dissent. The trial judge ruled correctly in instructing a verdict for the defendants for the following reasons: (1) plaintiffs neither pled nor proved the proper measure of damages in a suit for alleged fraud under Tex.Bus. & Comm.Code Ann. § 27.01 (Vernon 1968); (2) there is no evidence of probative value on the vital issue of alleged “fraudulent concealment” under the doctrine of Joske v. Irvine, 91 Tex. 574, 44 S.W. 1059 (1898).

1. Damages

Plaintiffs’ trial amendment included the following pertinent pleading: “That subsequent to obtaining possession of the house Plaintiffs…