Singleton v. Pennington

GUITTARD, Chief Justice.

The principal question on this appeal is whether the Deceptive Trade Practices Act, Texas Business and Commerce Code §§ 17.-41 to 17.63 (Vernon Supp.1977), imposes liability for an innocent misrepresentation by a seller of second-hand goods who is not in the business of selling such goods. We conclude that the Act is not limited to sales by persons in the business of selling. We further conclude that the findings of the trial court support plaintiff’s recovery under the Act.

The petition alleges that plaintiff bought a boat from defendant in reliance on a false…