Lachalet International v. George and Olga Nowik

LaChalet International, John T. and Daphne Klim and Central Air., Inc. (hereafter collectively referred to as appellants) appeal from a judgment entered in favor of George and Olga Nowik. In five points of error, appellants contend the trial court erred in finding that: the Nowiks were entitled to recover under the Deceptive Trade Practices Act (DTPA); the DTPA violations were committed knowingly; the Nowiks were entitled to exemplary damages for common law fraud. They also complain that the trial court erred in awarding rescission and actual damages simultaneously and that there was no evidence to support the judgment against Central Air, Inc. For the reasons stated herein, we affirm the judgment below in part and reverse and render in part.