Hughes v. Halliday, 5040
| Decision Date | 26 August 1971 |
| Docket Number | No. 5040,5040 |
| Citation | 471 S.W.2d 88 |
| Parties | Walter V. HUGHES, Appellant, v. Ebby HALLIDAY, d/b/a Ebby Halliday Realtors and Lou Smith, Appellees. |
| Court | Texas Court of Appeals |
Michael P. Massad, Jr., Dallas, for appellant.
Billings, Weaver, Pierce & Gilley, R. Kelley Pierce, Dallas, James W. Rainey, Jr., Irving, for appellees.
This is an appeal by plaintiff Hughes from a judgment non obstante veredicto that he take nothing in a fraud case.
Plaintiff alleged he was induced to purchase a house by defendant real estate agent's fraudulent representations that the cooling unit of the house was in proper working order; that he paid for inspection of the cooling unit which inspection report recommended replacement of the unit and most of the air ducts; that plaintiff was not permitted to see such report, but instead was told by defendant the unit had been inspected and was in fine working condition; that such was false and fraudulently made. Plaintiff sought $1145. reasonable cost to repair the air conditioning unit.
Trial was to a jury which found:
1) Defendant represented to plaintiff the air conditioning system was in proper working order.
2) Such representation was false.
3) Plaintiff believed and relied on such representation.
4) Such representation was a material inducement to plaintiff to buy the house.
5) The reasonable cost of repairing the air conditioning system was $1000.
Plaintiff moved for Judgment 'upon the evidence and the jury verdict', for $400.; and defendants moved for judgment non obstante veredicto that plaintiff take nothing.
The trial court rendered judgment non obstante veredicto that plaintiff take nothing.
Plaintiff appeals on 6 points contending the trial court erred:
1) In holding plaintiff under the pleadings and proof of the case was limited to the measure of damages provided in Article 27.01 Business and Commerce Code.
2) In holding there was no evidence of reasonable and necessary cost of repairs to the air conditioning unit.
3) In granting defendant's motion for judgment non obstante veredicto.
Defendant asserts that plaintiff is bound by the measure of damages provided for in Section 27.01 Business and Commerce Code, V.A.T.S.; 1 and further that there is no evidence of reasonable and necessary cost of repairs.
Plaintiff was shown a house by defendant real estate agents. Plaintiff was concerned about the air conditioning system and asked defendant if it could be inspected. Defendant told plaintiff it could be if he paid the cost of inspection. Defendant secured Johnson Air Conditioning Service to inspect the air conditioning system. Johnson inspected same and made a report in writing to defendants that the 'duct was broken and leaking air,' that the 'cooling unit and most of duct' should be...
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Wright v. Carpenter
...415 S.W.2d 222, 226 (Tex.Civ.App. Amarillo 1967, writ ref'd n. r. e.). A case remarkably comparable with the instant case is Hughes v. Halliday, 471 S.W.2d 88 (Tex.Civ.App. Waco 1971, no writ). In Hughes, a real estate agent falsely represented that the air conditioning unit in a home was i......
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Coffee v. Permian Corporation, 72-1814.
...that exemplary damages are allowed in Texas for a violation of this type where the jury finds they should be awarded. Hughes v. Halliday, 471 S.W.2d 88 (Tex.Civ.App. 1971), Collins v. Miller, 443 S.W.2d 298 (Tex.Civ.App.1969), V.A.T.S. Bus. & C. § 27.01 (formerly Article 4004 V.A.T.S.). We ......