Quimbee logo
DMCA.com Protection Status

Leyendecker & Associates, Inc. v. Wechter

683 S.W.2d 369 (1984)

Case BriefRelatedOptions
From our private database of 30,900+ case briefs...

Leyendecker & Associates, Inc. v. Wechter

Texas Supreme Court

683 S.W.2d 369 (1984)

Facts

In 1976, William and Mildred Wechter (plaintiffs) purchased a townhouse from Leyendecker & Associates, Inc. (Leyendecker) (defendant). Prior to the purchase, the Wechters were shown a representative home in the subdivision and told that their home would be slightly larger than others on the lot. After the purchase, it became clear that the deed inadvertently included 2,411 square feet that were not part of the property. Meanwhile, the Wechters discovered construction defects and complained to the local builders association. An employee of Leyendecker, Chris Hilliard (defendant), sent a letter to the builders association and the Veterans Administration that falsely accused the Wechters of suing their neighbors. The Wechters brought suit against Leyendecker for misrepresentation and construction defects, and the Wechters brought suit against Leyendecker and Hilliard for libel. There was no inquiry as to the amount paid by the Wechters for the 2,411 square feet versus the amount paid for the entire lot. The jury found no difference between the value of the 2,411 square feet as represented by Leyendecker and the value received by Leyendecker. In 1982, the trial court found in favor of the Wechters, awarding damages of $9,644 for misrepresentation, $4,500 for construction defects, $1,500 to William for mental anguish arising from libel, and $4,000 each in exemplary damages. Leyendecker appealed. The court of appeals changed the misrepresentation damages from the 1982 value of the 2,411-square-foot shortage—$9,644—to the 1976 value—$4,822—when the Whecters actually purchased the home. The court of appeals also added damages for loss of use of the 2,411 square feet, $1,500 to Mildred for mental anguish, and attorney’s fees. The other damages were sustained. Leyendecker appealed. The Texas Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Robertson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 553,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 553,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 553,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership