Legal Opinion

Montgomery Ward & Co., Inc. v. Dalton

Court of Appeals of Texas

Decided November 23, 1983No. 7010PublishedCited by 17 opinions

1Opinion of the Court

OPINION

WARD, Justice.

The Defendant appeals from a money judgment in the Plaintiffs’ favor in their action brought for damages from an alleged breach of warranty arising under the Deceptive Trade Practices Act, Tex.Bus. & Com.Code Ann. sec. 17.50(a)(2). Trial was to a jury and resulted in a judgment against Defendant for damages of $3,500.00, trebled to an amount of $10,-500.00 plus attorney’s fees. We affirm.

On November 11, 1974, the Plaintiffs, Mr. and Mrs. Douglas Dalton, entered into a written contract with the Defendant Montgomery Ward & Company, Inc., to install roofing on their home. On…

2Cases cited3 opinions

  1. McMahon v. ChristmannTexas Supreme Court · 1957
  2. G-W-L, Inc. v. RobichauxTexas Supreme Court · 1982
  3. Raney v. Uvalde Producers Wool & Mohair Co., Inc.Court of Appeals of Texas · 1978

3Cited by17 opinions

  1. Kenneth Walker v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1988
  2. Palmer v. Espey Huston & Associates, Inc., Texas Court of Appeals, 13th District2002
  3. Sally Beauty Company, Inc., a Delaware Corporation v. Nexxus Products Company, Inc., a California CorporationCourt of Appeals for the Seventh Circuit · 1986
  4. Texas Development Co. v. Exxon Mobil Corp., Texas Court of Appeals, 11th District (Eastland)2003
  5. Silva v. Porowski, Texas Court of Appeals, 8th District (El Paso)1985

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