Baja Energy, Inc. v. Ball
In Baja Energy, Inc. v. Ball, 669 S.W.2d 836, 838-39 (Tex. App.--Eastland 1984, no writ), Baja had represented to Ball that it owned certain property when it did not, and the trial court awarded attorneys' fees after Ball was sued for trespassing by the third-party owner. 669 S.W.2d at 838.
The court of appeals upheld the award and noted that an exception to the general rule forbidding attorneys' fees applies "when a wrongful act or contractual violation involves the claimant in litigation with third parties and forces the claimant to incur expenses to protect his interests." Id. at 839.