James Knight v. International Harvester Credit Corporation

James Knight filed suit against Etex International, Inc., hereafter referred to as Etex, and International Harvester Credit Corporation, hereafter referred to as IHCC. Knight purchased a used International dump truck from defendant Etex in March, 1978. He asserted violations of Chapter 7 and Chapter 14, Tex.Rev.Civ.Stat.Ann. art. 5069, Consumer Credit-Consumer Protection Act. Knight also alleged that the defendants violated ? 17.46(b)12 of the Texas Deceptive Trade Practices-Consumer Protection Act. The trial court granted a summary judgment in favor of both defendants, and the court of civil appeals affirmed that judgment. 613 S.W.2d 531 (Tex.Civ.App.-Beaumont 1981). We affirm that part of the summary judgment that Knight recover nothing on his claim under Chapter 14 of the Consumer Credit-Consumer Protection Act. We reverse the summary judgment that Knight take nothing on the other two claims.