# Martin v. Lou Poliquin Enterprises, Inc.

> Court of Appeals of Texas · July 5, 1985 · 696 S.W.2d 180

URL: https://www.frixlaw.com/law-library/cases/9767009

## Case

- **Full name:** Glenn MARTIN, D/B/A the Glenn Martin Agency, Appellant, v. LOU POLIQUIN ENTERPRISES, INC., D/B/A Barbizon School of Modeling, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** July 5, 1985
- **Citations:** 696 S.W.2d 180; 1985 Tex. App. LEXIS 11827
- **Precedential status:** Published
- **Opinion:** Concurrence by Ellis
- **Judges:** Draughn, Ellis
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9767009

## Opinion text

ELLIS, Justice,
concurring.
I concur with the Court in affirming the trial court’s judgment. I agree with the court that the transfer of valuable consideration is not a prerequisite to consumer status under the DTP A.
The majority in its opinion sets up a two-pronged test to determine consumer status. They state that a DTPA consumer is one who in good faith initiates the purchasing process. They go on to state that an individual initiates the purchasing process when he:
(1) presents himself to the seller as a willing buyer with the subjective intent or specific “objective” of purchasing, and
*188 (2) possesses at least some credible in-dicia of the capacity to consummate the transaction.
They suggest that if a defendant-seller in a DTPA action challenges the plaintiff-buyer’s status as a consumer, the buyer must be prepared to.offer proof of (1) a good-faith intention to purchase and (2) the capacity to purchase the goods or services in question. I agree that the plaintiff-buyer in a DTPA action should show a good-faith intention to purchase the goods or services but I do not agree that he must show proof of his capacity to purchase the goods or services. I do not think that this restriction should be placed on the achievement of consumer status because many DTPA violations occur prior to the consumer’s knowledge of the cost or his capacity to finance the cost of the goods or services.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9767009. Public record. Not legal advice.