Burns v. Rochon

In Burns v. Rochon, 190 S.W.3d 263 (Tex. App.--Houston 1st Dist. 2006, no pet.), the court held that the owner's testimony regarding the price he previously paid for certain equipment was legally and factually sufficient to support the trial court's finding he sustained conversion damages in the same amount when the defendant did not object to the testimony or present controverting evidence of market value. Id. at 271. The court stated, "in determining both fair market value and actual value, courts have considered the purchase price paid by an owner, particularly when evidence of the purchase price is neither objected to nor controverted." Id. at 270. The First Court of Appeals quoted the Tenth Court of Civil Appeals for the proposition that "'it is well settled that the owner of property can testify as to his opinion regarding the value of his own property . . . even if the owner's testimony is halting and indefinite it nonetheless will be sufficient to sustain a verdict when there is no controverting evidence.'" Id. at 270-71.