Gary M. Chastain, Petitioners v. Charles G. Koonce, Respondents

Summary

The Texas Supreme Court held that the purchasers qualified as consumers under the Deceptive Trade Practices-Consumer Protection Act but affirmed the appellate court because the evidence did not support a finding of unconscionability. The court applied the two‑prong consumer test and interpreted the statutory term “gross” in its ordinary sense, concluding no gross unfairness existed. Justice Gonzalez concurred in the result but argued that the purchasers were not consumers and therefore lacked standing. The petitioners' motion for rehearing was denied.