Flintkote Supply Co. v. Thompson

CLAYTON, Justice.

Appellee, plaintiff below, filed this suit against appellants, Flintkote Supply Company and Red Barn Builders Supply, for damages for breach of warranty under the Texas Deceptive Trade Practices Act, Tex. Bus. & Comm.Code Ann. § 17.41, et seq (Supp.1980). In a non-jury trial, the trial court entered judgment for appellee in the sum of $1,400 in actual damages and $1,100 for attorney’s fee, from which judgment this appeal has been perfected.

Appellee’s cause of action was based upon breach of warranty arising from defective roofing shingles used in roofing appellee’s home. The…