Roberts v. U.S. Home Corp.

694 S.W.2d 129, 1985 Tex. App. LEXIS 6775
CourtCourt of Appeals of Texas
DecidedMay 15, 1985
Docket04-83-00415-CV
StatusPublished
Cited by47 cases

This text of 694 S.W.2d 129 (Roberts v. U.S. Home Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. U.S. Home Corp., 694 S.W.2d 129, 1985 Tex. App. LEXIS 6775 (Tex. Ct. App. 1985).

Opinions

OPINION

REEVES, Justice.

This appeal is taken from a take-nothing judgment. The basis of recovery asserted is common law fraud.

James Patrick Roberts purchased a home in a subdivision owned by U.S. Home Corporation (U.S. Home). At the closing on the house on March 6, 1978, Roberts executed a note in the amount of $42,000.00 payable to a savings and loan association, a note for $1.00 payable to Homecraft Corporation, and a promissory note payable to bearer in the amount of $4,950.00. The latter note served as a downpayment for the house. Prior to closing, the salesman for U.S. Home, Dennis Hovermale, gave Roberts a check drawn on a U.S. Home-Central Texas account for $4,950.00 with Roberts as payee. Roberts endorsed the check which Hovermale then exchanged for a cashier’s check payable to the title company with Roberts as remitter. Roberts alleges that Hovermale represented to him that he would never have to repay the $4,950.00 promissory note.

Although Roberts made payments on the $42,000.00 note, he never made payment on the $4,950.00 note. He received two demand letters from U.S. Home. Roberts did not contact any person connected with U.S. Home about these letters; he did talk with Hovermale who was no longer employed with U.S. Home. On December 11, 1978, U.S. Home filed suit against him on the note. Roberts filed a response; the matter was still pending at the time this case went to trial.

Roberts brought suit against U.S. Home under the Texas Deceptive Trade Practices Act and for common law fraud.1 Trial was [132]*132before a jury. The jury answered seventeen special issues as follows:

“SPECIAL ISSUE NO. 1
“Do you find that Dennis Hovermale did one or more of the following:
a) Made false or misleading statements of fact to the Plaintiff, James Patrick Roberts, concerning the reasons for, existence of, or amount of price reductions?
Answer: Yes
b) Represented to the Plaintiff, James Patrick Roberts, that an agreement confers or involves rights or obligations which it does not have or involve?
Answer: Yes
“SPECIAL ISSUE NO. g
“[Conditioned on an affirmative finding in special issue number one]
“Do you find that the act inquired about was the proximate cause of actual damage, if any, to James Patrick Roberts, with respect to:
“[Acts inquired of in special issue number one; the jury responded ‘yes’ t° both ‘a’ and ‘b’]
“SPECIAL ISSUE NO. 3
“Do you find that on or before March 6, 1978, Dennis Hovermale represented to the plaintiff, James Patrick Roberts, that he would never have to make payments under the $4,950.00 promissory note?
“Answer: Yes
“SPECIAL ISSUE NO. 4
“[Conditioned on special issue number three]
“Do you find that the representation of Dennis Hovermale inquired about in Special Issue No. 3 was a false, misleading or deceptive act or practice?
“Answer: Yes
“[Instruction as to definition of ‘false, misleading or deceptive act or practice’ omitted]
“SPECIAL ISSUE NO. 5
“[Conditioned on special issue number four]
“Do you find that the representation inquired about in Special Issue No. 3 was a proximate cause of actual damages, if any, to the plaintiff, James Patrick Roberts?
“Answer: Yes
“SPECIAL ISSUE NO. 6
“[Conditioned on special issue number five]
“Do you find that the representation inquired about in Special Issue No. 3 was false?
“Answer: Yes
“In connection with Special Issue No. 6, you are instructed as follows: -
A representation may be ‘false’ if at the time the maker made the representation he knew the representation to be false. A representation may also be false even though the maker may not know the same is false if the maker makes the statement recklessly without knowledge of its truth.
“SPECIAL ISSUE NO. 7
“[Conditioned on special issue number six]
“Do you find that the representation inquired about In Special Issue No. 3 was a material representation of fact and made for the purpose of inducing James Patrick Roberts to purchase the house in question?
“Answer: Yes
“SPECIAL ISSUE NO. 8
“[Conditioned on special issue number seven]
“Do you find that the representation inquired about in Special Issue No. 3 was relied upon by James Patrick Roberts when he purchased the house in question?
“Answer: Yes
[133]*133“SPECIAL ISSUE NO. 9
“[Conditioned on special issue number eight]
“Do you find that the representation inquired about in Special Issue No. 3 was made recklessly or was known by Dennis Hovermale to be false at the time it was made?
“Answer: Yes
“SPECIAL ISSUE NO. 10
“[Conditioned on special issue number nine]
“Do you find that the representation inquired about in Special Issue No. 3 was the proximate cause of actual damages, if any, sustained by the plaintiff, James Patrick Roberts?
“Answer: Yes
“SPECIAL ISSUE NO. 11
“[Conditioned on special issue number ten]
“Do you find that the defendant, U.S. Home Corporation, authorized, ratified or approved the representation of Dennis Hovermale to the plaintiff, James Patrick Roberts, that he would never have to make payments on the $4,950.00 promissory note?
“Answer: No
“[Instructions defining ‘ratification’ and ‘authorized’ omitted]
“SPECIAL ISSUE NO. 12
“[Conditioned on special issue number three]
“Do you find that at the time of the representation made by Dennis Hovermale to the plaintiff, James Patrick Roberts, concerning never having to make payments on the $4,950.00 promissory note, that Dennis Hovermale was acting with apparent authority on behalf of defendant U.S. Home Corporation?
“Answer: Yes

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Bluebook (online)
694 S.W.2d 129, 1985 Tex. App. LEXIS 6775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-us-home-corp-texapp-1985.