Richard Holeman, E.W. Chesshire, John Wilke, Joe Gemza, Dan Frankhouser, Eugene Yates and L.T. Bradt v. Landmark Chevrolet Corporation and Bill Heard Chevrolet Corporation

Deceptive Trade Practice Act Claims by several customers of defendants.

Landmark Chevrolet ran an advertisement on a radio station
that, among other things, stated all offers would be accepted and
that new trucks would be sacrificed, "regardless of loss."
Appellants went to Landmark Chevrolet and made offers to purchase
vehicles for amounts ranging from $50.00-200.00. Landmark refused
these offers. Landmark subsequently ran a corrected
advertisement, deleting the "all offers will be accepted"
language. Landmark also ran a retraction of the original ad. In
October 1991, appellants filed this lawsuit.

Several years later, Bill Heard Chevrolet ran a radio
advertisement that included language, "[e]very deal will be
accepted regardless of profit or loss." Appellant Bradt went to
Bill Heard Chevrolet and handed the new car salesman, Al Cruz, a
written "offer" to buy eight different vehicles for $100.00 each.
The offer was refused. Bill Heard subsequently ran a retraction
of the advertisement stating, "The sentence `all offers would be
accepted, regardless of profit or loss' should have read `all
reasonable offers will be accepted regardless of profit or
loss'." Bill Heard was subsequently added as a defendant to the
Landmark suit.

Defendants' verdict.

Unknown

Unknown

Affirmed by the Court of Appeals of Texas, Houston. See: 989 S.W.2d 395 (Tex.App. - Houston [14th Dist.] 1999). Note: The date shown above is the date of the appellate court decision and not the trial date.