[Download] "David Mcdavid Pontiac v. Frances Nix" by Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: David Mcdavid Pontiac v. Frances Nix
- Author : Court of Criminal Appeals of Texas
- Release Date : January 31, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Appellee, Frances Nix, brought this action under the Deceptive Trade Practices - Consumer Protection Act, TEX. BUS. & COM. CODE ANN. ?? 17.41-17.63 (Vernon Supp. 1982-1983), against appellant, David McDavid Pontiac, Inc. The action arises out of a sale of an automobile. The jury answered all issues in Nixs favor. Judgment in favor of Nix awarded actual damages and restoration of the consideration paid and trebled both and awarded Nix attorneys fees. The trial court denied injunctive relief against McDavid Pontiac. We conclude that the trial court correctly denied injunctive relief. We conclude that the trial court erred in awarding restoration of the consideration paid. We conclude the Nix is entitled to recover $1,080.60 pursuant to section 17.50(b)(1) of the Act. We conclude that the award of attorneys fees was excessive. Accordingly, we affirm in part, reverse and render in part and suggest remittitur as to the award of attorneys fees.