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Hachar's Inc. v. Enterprise-Laredo Associates

Supreme Court of Texas
Jan 20, 1993
843 S.W.2d 476 (Tex. 1993)

Summary

applying rule to breach of contract and negligence claims

Summary of this case from Wilson v. John Daugherty Realtors, Inc.

Opinion

No. D-2955.

December 16, 1992. Rehearing Overruled January 20, 1993.

Appeal from San Antonio Court of Appeals, Fourth Judicial District, Fred Biery, J.

Richard G. Morales, Jr., Mark D. Willett, Laredo, Stephen D. Susman, James T. McCartt, Houston, for petitioner.

Emerson Banack, Jr., Keith E. Kaiser, San Antonio, A. Michael Ferrill, Laredo, Curtis L. Cukjati, San Antonio, for respondents.


DENIAL OF APPLICATION FOR WRIT OF ERROR


Petitioner Hachar's sued Enterprise-Laredo Associates and others ("Enterprise") for breach of a lease agreement and related DTPA violations. In a bench trial, the trial court rendered judgment for Hachar's that Enterprise breached the lease and violated the DTPA. The court of appeals reformed the judgment to delete additional damages awarded under the DTPA and affirmed the reformed judgment as to damages for breach of the lease only. 839 S.W.2d 822. In denying petitioner's application for writ of error, a majority of this court neither approves nor disapproves of the court of appeals' discussion of the DTPA as applied to the facts of this case. The application for writ of error is denied.


Summaries of

Hachar's Inc. v. Enterprise-Laredo Associates

Supreme Court of Texas
Jan 20, 1993
843 S.W.2d 476 (Tex. 1993)

applying rule to breach of contract and negligence claims

Summary of this case from Wilson v. John Daugherty Realtors, Inc.
Case details for

Hachar's Inc. v. Enterprise-Laredo Associates

Case Details

Full title:HACHAR'S, INC., Petitioner, v. ENTERPRISE-LAREDO ASSOCIATES, Enterprise…

Court:Supreme Court of Texas

Date published: Jan 20, 1993

Citations

843 S.W.2d 476 (Tex. 1993)

Citing Cases

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To be actionable under the DTPA, a warranty must be established "independently of the act." Enterprise-Laredo…

Wilson v. John Daugherty Realtors, Inc.

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