Kenneth H. Hughes Interests, Inc. v. Westrup

OPINION

DUGGAN, Justice.

The appellees have filed a motion for rehearing. We overrule the motion, but with draw our previous opinion, and issue this one in its stead. 1

The appellees obtained a jury verdict against the appellants in a lawsuit brought for violations of the Deceptive Trade Practices Act 2 (DTPA) and breach of warranty. We affirm in part, reverse and render in part, and remand in part.

The Facts

In 1986, Shari and William Westrup (the Westrups) opened Shartrue’s, a ladies’ upscale shoe store. Shartrue’s, Inc., was a Texas corporation. The Westrups were shareholders; Shari was…