Seabury Homes, Inc. v. Burleson

688 S.W.2d 712
Court of Appeals of Texas·Decided April 25, 1985·No. No. 2-84-171-CV·Published·Cited by 3 cases

Opinion

OPINION

JOE SPURLOCK, II, Justice.

The appellant, Seabury Homes, Inc., appeals from a judgment in a deceptive trade practices case awarding damages to appel-lees, Lonnie Burleson and his wife Sheryl. Based upon the jury’s verdict on special issues, the trial court entered judgment against Seabury for $6,000 ($2,000 in damages trebled) and $15,000 in attorney’s fees. Seabury has raised four points of error; the Burlesons have responded with two cross-points. Alleging that the questions on appeal are based upon legal issues only, the appellant has omitted a statement of facts in accordance with TEX.R.CIV.P. 371. The appellees did not furnish a statements of facts.

We affirm.

In its first point of error, Seabury complains that the court erred in entering judgment for damages for the $2,000 cost to repair the Burleson’s home, when Seabury had proved and received a jury finding that one measure of the Burleson’s damages was zero. Seabury’s point of error two is that the court erred in overruling Sea-bury’s motion for judgment based on the same jury verdict of zero damages. In point of error three, Seabury argues that the court erred in awarding the Burleson’s their attorney’s fees as those fees are not recoverable where actual damages are zero. In point of error four, Seabury argues that awarding judgment for attorney’s fees in the amount of $15,000 is excessive where the amount of damages awarded by the court was only $2,000, trebled.

The Burleson’s allege in their cross-points that the trial court erred in overruling their motion for judgment for damages of $1,500 ($500 jury verdict trebled) for Sheryl Burleson’s past mental anguish. In their cross-point number two, they allege the trial court erred in overruling their motion for judgment for damages in the amount of $9,360 ($3,120 jury verdict trebled), in lieu of the judgment of $6,000 ($2,000 trebled), because the trial court selected the wrong alternative measure of damages found by the jury upon which to base the judgment.

This case arose from the purchase by the Burlesons of a new home constructed by Seabury. In reviewing the Burleson’s petition on file, it is apparent that they purchased the home relying upon certain representations of the builder. After the purchase of the home, difficulty arose concerning the construction of the home and repairs necessary to the home. Not receiving adequate satisfaction concerning the repairs, the Burlesons timely filed this lawsuit and the matter was submitted to the jury upon special issues. The question on appeal is to decide what legal effect to give to the jury’s answers to the special issues.

The key special issues answered by the jury upon which the court based its judgment are paraphrased as follows:

1) Did Seabury Homes expressly warrant to the Burlesons that the house had been built in a skillful, workmanlike manner?
Answer: Yes.
2) Was the home constructed in a skillful, workmanlike manner?
Answer: No.
3) Was the failure to build the home in a skillful, workmanlike manner a producing cause of:
a) economic loss to the Burlesons? Answer: Yes.
b) physical pain suffered by the Burle-sons?
Answer: No.
c) mental anguish suffered by any of the Burlesons?
Answer: Yes.
4) Did Seabury Homes expressly warrant the home was suitable for habitation?
Answer: Yes.
5) Was the home suitable for habitation? Answer: Yes.
[714]*7146) Did Seabury Homes represent that the house was of a particular standard, quality or grade when it was of a lesser degree?
Answer: Yes.
7) Was that representation a producing cause of:
a) economic loss of the Burlesons? Answer: No.
b) physical pain suffered by the Burle-sons?
Answer: No.
c) mental anguish suffered by any of the Burlesons?
Answer: Yes.
8) Did Seabury Homes promise to cure any defects in material or workmanship in the home for one year? Answer: Yes.
9) Did Seabury Homes fail to cure a defect or defects in material or workmanship within such a year?
Answer: Yes.
10) Was such a failure a producing cause, if any, of the following:
a) economic loss suffered by the Burle-sons?
Answer: Yes.
b) physical pain, if any, suffered by the Burlesons?
Answer: No.
c) mental anguish, if any, suffered by the Burlesons?
Answer: Yes.

In the above answers, the jury found that Seabury had warranted that the house was built in a skillful and workmanlike manner, but had in fact failed to do so. This failure was a producing cause of some economic loss and some mental anguish suffered by the Burlesons. Although the jury found the home was suitable for human habitation, they nevertheless found that Seabury promised to cure any defects in materials or workmanship within one year’s period of time, but had failed to do so. This failure likewise resulted in economic loss to and mental anguish suffered by the Burlesons. The jury also found the Burlesons suffered some mental anguish because of the misrepresentation about the standard, quality or grade of the home. The jury did not find the Burlesons suffered any physical pain.

Based upon their findings of some economic loss and some mental anguish, the jury answered the following special issues asking about the amount of damages suffered by the Burlesons. Those issues are paraphrased as follows:

What amount of money, using the following measures of damage, would fairly compensate the Burlesons for their economic loss, if any, which they suffered as a result of the representations, breaches of warranty or failures of Seabury which were a producing cause of such loss:
1) The difference between the value of the residence as it stood at the time of purchase and its value at the time of purchase if it had been constructed in a good and workmanlike manner and in accordance with the plans and specifications?
Answer: Zero.
2) The difference between the value of the residence as it stood at the time of trial, and its value at time of trial if it had been constructed in a good and workmanlike manner and in accordance with the plans and specifications? Answer: $3,120.
3) What amount of money now paid in cash would compensate the Burlesons for their economic loss, if any, with respect to any necessary repairs, if any?
Answer: $2,000.

Free access — add to your briefcase to read the full text and ask questions with AI

Seabury Homes, Inc. v. Burleson, 688 S.W.2d 712 (Tex. Ct. App. 1985).

688 S.W.2d 712 (Seabury Homes, Inc. v. Burleson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

John F. Helm v. Artie G. Kingston
Court of Appeals of Texas, 2011
Tejas Toyota, Inc. v. Lisa Coffman
Court of Appeals of Texas, 2007
J-IV Investments v. David Lynn MacHine, Inc.
784 S.W.2d 106 (Court of Appeals of Texas, 1990)