Sauer v. Johnson

ON MOTION FOR REHEARING

SHANNON, Justice.

The opinion of this Court filed -on December 4, 1974, is withdrawn, and the following opinion replaces it.

Appellants, Eugene Sauer and wife, For-nia L. Sauer, sued appellees, Arthur D. Johnson and Reuben R. Johnson, in the district court of Comal County for $2,950.-00 representing the cost of repairing the floor in a new house purchased by them from appellees. Upon trial to the court, a take nothing judgment was entered.

The factual basis of appellants’ lawsuit is as follows. In 1971, appellees built the house in New Braunfels, and in May of that year…