Pennington v. Singleton
Supreme Court of Texas
606 S.W.2d 682 (1980)
Singleton (defendant) sold his used boat to Pennington (plaintiff), describing it as being in "perfect condition," though neither party knew the engine actually needed nearly $500 in repairs; the trial court found no common-law fraud but found a violation of the Texas Deceptive Trade Practices Consumer Protection Act (DTPA), which does not require proof of knowledge or intent to deceive, and awarded treble damages. An intermediate appellate court reversed, and Pennington appealed, with Singleton arguing the DTPA did not apply to an isolated sale by a non-merchant and was unconstitutionally vague for imposing treble damages without requiring fraudulent intent.
Whether a state consumer-protection statute may constitutionally impose treble damages for a seller's innocent misrepresentation about a product's condition, without proof of fraudulent intent, and whether such a statute applies to a one-time sale by someone not in the business of selling that type of good.