Young v. Neatherlin

The parties to a contract for the sale and delivery of two model homes brought claims against each other. Following a jury trial, the trial court awarded the seller damages for breach of contract and attorneys fees and ordered that the buyer take nothing. The buyer appealed. We affirm the trial courts judgment as to the sellers breach-of-contract claim; however, we reverse the attorneys-fees award because the seller failed to segregate his recoverable fees from those fees he was not entitled to recover. We also reverse the take-nothing judgment against the buyer on his claims of fraud and DTPA violations because the trial court erroneously excluded evidence of representations allegedly made by the seller. We affirm the remainder of the trial courts judgment.