for the purchase price of $8 million, when it was actually being offered to Don McCulley for only $2.5 million, thereby allowing Don McCulley and the Gallery to conceal a $500,000 commission. Among the essential elements of fraud, without which there can be no recovery, is a showing of damages suffered due to the fraud. C & C Partners v. Sun Exploration & Prod. Co., 783 S.W.2d 707, 718 (Tex.App. — Dallas 1989, writ denied). Fraud must be the cause of the claimed loss which is established by “pleading and proof of a pecuniary loss suffered which is directly traceable to and which resulted from the false representation upon which the injured party relied.” Id. at 718-19; see also, Teledyne Exploration Co. v. Klotz, 694 S.W.2d 109, 111 (Tex.App. — Corpus Christi 1985, writ ref'd n.r.e.) (<HOLDING>). Under the Texas Deceptive Trade Practices
holding the plaintiffs action was one for wrongful death and not survival where damages listed in complaint were identical to damages listed in the wrongful death act holding theft act entitles defendant to recover reasonable and necessary attorneys fees in successfully defending theft act claim even if defendant does not recover any actual damages holding that complaining party may recover as actual damages compensation for the proximate results of the wrongful act holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation holding that the right to recover a particular measure of damages in a workers compensation case is fixed as of the date of injury