Cain v. Bain
- Court
- Texas Supreme Court
- Decided
- February 12, 1986
- Docket
- C-4764
- Status
- Published
- Jurisdiction
- Texas
Cited 4,555 timesNo negative treatment found in this library
What later courts said
- holding that we may not reverse verdict for factual insufficiency unless the evidence that supports the finding “is so weak as to be clearly wrong and manifestly unjust” — Reba A. Byrd, Individually and as Trustee of Reba Byrd Trust, and Charles Sampley// Ali Mahrou and Gypsie Mahrou v. Ali Mahrou and Gypsie Mahrou// Reba A. Byrd, Individually and as Trustee of Reba Byrd Trust, and Charles Sampley (2016)
- holding that, in factual-sufficiency determination, court should set aside the finding only if the evidence supporting the finding is so weak as to be clearly wrong and manifestly unjust — Patricia Fish, Individually and as of the Estate of Tobey Fish v. Billie Ruth Hodges (2012)
- holding that under a factual-sufficiency standard of review a judgment is reversible if, considering and weighing all the evidence, the judgment is “clearly wrong and unjust” because it is “contrary to the overwhelming weight of the evidence” — in Re Lawrence Shipley III (2015)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
PER CURIAM.
James and Karen Bain purchased a 20-year-old house in 1976 from George and Carroll Banks. The real estate agent for the transaction was an employee of James Cain Company. In 1978, the Bains tried to sell their house but were unable to find a buyer because of a foundation defect. They sued James Cain Company for violations of the Texas Deceptive Trade Practices Act. The trial court granted Cain’s Motion for Directed Verdict and rendered a take nothing judgment against the Bains. In an unpublished opinion, the court of appeals reversed the trial court’s judgment. Tex.R.Civ.P. 452.
The trial court submitted Issue No. 7 asking the jury:
Cite this
Cain v. Bain, 709 S.W.2d 175 (1986)Read the full opinion
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