Ortiz v. Flintkote Co.

OPINION

NYE, Chief Justice.

Appellants, Juan Ortiz and Gem Homes, Inc., sued appellee, Flintkote Company d/b/a Genstar Building Materials, for damages under the DTPA and under sections 2.314-2.316 of the Texas Business & Commerce Code, alleging misrepresentation and breach of warranty.

The case was tried to a jury, which found, among other matters, that:

1) Defective wallboard manufactured by Genstar was the producing cause of damages to Gem Homes;

2) Genstar had reasonable opportunity to cure the problem, but knowingly failed to do so;

3) Gem Homes suffered damages of $21,000 in lost profits and…