R. J. Mcgalliard v. Henry H. Kuhlmann

This is a non-jury deceptive trade practices case. Mr. and Mrs. R. J. McGalliard sold their home in Montgomery County to Mr. and Mrs. Henry H. Kuhlmann. Sometime shortly after the sale, the Kuhlmanns began experiencing problems with water leakage during rain storms. The Kuhlmanns brought suit alleging various violations of the Deceptive Trade Practices-Consumer Protection Act, TEX. BUS. & COM. CODE ANN. sec. 17.41, et seq. The trial court found in favor of the Kuhlmanns and awarded actual damages of $12,500.00, which was then trebled, and attorneys fees. The court of appeals, in an unpublished opinion, held that the trial court improperly disregarded the uncontroverted expert testimony that the cost to make the home "water tight" would be $113,088.31. The court of appeals reformed the judgment of the trial court and rendered judgment in favor of the Kuhlmanns in the amount of $113,088.31, which amount was to be trebled. The remainder of the trial courts judgment was affirmed. We reverse the judgment of the court of appeals and remand to that court for consideration of the remaining points.