A. Ybarra v. Carlos Saldana

Appellees Carlos Saldana, Miguel Saldana, and Antonio Saldana, filed suit to recover damages from the commission of deceptive trade practices by appellant, A. Ybarra, pursuant to the Deceptive Trade Practices-Consumer Protection Act, Tex.Bus. & Com.Code Ann. § 17.50(a) (Vernon Supp. 1976-1977). In a non-jury trial, the court found the appellee sustained actual damages of $11,098.74 which consisted of $6,098.74 as the reasonable and necessary amount spent by appellee over and above the contract price in order to complete the construction as per the original plans; and $5,000 as the value of appellees services in supervising the construction work. The trial court trebled the actual damages, awarding the total of $33,296.22, plus attorneys fees. In addition, the court found that appellee suffered mental pain and anguish to the extent of $6,000 as a direct result of appellants deceptive trade practices, but denied such recovery. Appellant appeals said judgment; appellee cross-appeals as to the denial of recovery for mental pain and anguish. No findings of fact or conclusions of law were filed by the trial court. There are no points of error complaining of the trial courts failure to file findings of fact or conclusions of law.