Alvarado v. Bolton

OPINION ON MOTION FOR REHEARING

RAY, Justice.

Petitioner’s motion for rehearing is granted and the court's opinion and judgment of November 25, 1987 are withdrawn and the following is substituted.

This suit for reformation of deeds and for damages under the Deceptive Trade Practices Act involves the issue of whether the doctrine of merger applies in a suit under the Act based on breach of an express warranty. After a jury trial, the district court rendered judgment for Alvarado reforming the deeds, awarding actual damages for the value of the oil production; trebling actual damages and awarding…