Cal-Tex Lumber Co., Inc. v. Owens Handle Co., Inc.

RAMEY, Justice.

Owens Handle Company, Inc. (“Owens Co.”) sued Cal-Tex Lumber Company, Inc. (“Cal-Tex”) for breach of contract and violation of the Texas Deceptive Trade Practices Act (“DTPA”). The jury awarded Owens Co. $1,299,445 in damages on the breach of contract action, and $1,299,445 in actual damages plus $50,000 in exemplary damages on the DTPA cause of action. Owens Company subsequently elected to recover under breach of contract. Cal-Tex appeals raising six points of error. We will reverse and remand for a new trial.

I. Factual Background

The factual background underlying this suit…