Anthony Industries, Inc. v. Ragsdale
Texas Court of Appeals
643 S.W.2d 167 (1982)
The Ragsdales’ (plaintiffs) home was located on a hill. Nevertheless, the Ragsdales wanted to build a swimming pool, so they contacted Anthony Industries, Inc. (Anthony Pools). Jay Ratliff, an Anthony Pools representative, went to the Ragsdales’ house to discuss plans. Ratliff assured the Ragsdales that Anthony Pools could build a pool without any problem. The Ragsdales also wanted a rock-retaining wall and a flagstone deck installed around the pool. Ratliff advised the Ragsdales that Anthony Pools did not do stonework and suggested that they subcontract that work. The Ragsdales entered into a contract with Anthony Pools for the pool only. The contract provided that the Ragsdales were responsible for ensuring that drainage beyond the pool site met city and county requirements. The contract also stated that Anthony Pools was not liable for any subcontractor’s work and contained an integration clause. A few days later, Ratliff gave the Ragsdales a set of plans and specifications comprised of several drawings, which showed the placement of the pool relative to the locations of the house, the deck, and the wall. Soon after, Jerry White approached the Ragsdales with a copy of the drawings. White purported to be a partner of Kees Fireplaces and contracted with the Ragsdales to build the deck and the wall. However, once the Ragsdales paid White a downpayment, he ran off with the money. Charles McKee, another partner of Kees Fireplaces, performed the work, but he did a terrible job, which resulted in a drainage problem. The Ragsdales sued Anthony Pools and McKee (defendants) under the Deceptive Trade Practices Act (DTPA). The Ragsdales alleged that Ratliff represented that the pool, deck, and wall could be built without any problems. The Ragsdales also alleged that Ratliff made many warranties to them regarding the pool, deck, and wall. The jury found that Ratliff made a misrepresentation, and the lower court awarded treble damages.
Rule of Law
Holding and Reasoning (Jordan, J.)
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