James Cain v. James Lee Bain Et Ux‪.‬

James and Karen Bain purchased a 20-year-old house in 1976 from George and Carroll Banks. The real estate agent for the transaction was an employee of James Cain Company. In 1978 the Bains tried to sell their house but were unable to find a buyer because of a foundation defect. they sued James Cain Company for violations of the Texas Deceptive Trade Practices Act. the trial court granted Cain's Motion for Directed Verdict and rendered a take nothing judgment against the Bains. In an unpublished opinion, the court of appeals reversed the trial court's judgment. Tex. R. Civ. P. 452. The trial court submitted Issue No. 7 asking the jury: