Ovation Homes, Inc. and Leldon W. Shead v. Clark/Kyser Wholesale Lumber, Inc. and John Dunlap

Shead v. Clark/Kyser

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-92-201-CV

OVATION HOMES, INC. AND LELDON W. SHEAD,

APPELLANTS

vs.

CLARK/KYSER WHOLESALE LUMBER, INC. AND JOHN DUNLAP,

APPELLEES

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT

NO. 88-452-C, HONORABLE WILLIAM LOTT, JUDGE PRESIDING

This appeal by writ of error involves actions for breach of contract and misapplying trust funds based on a construction contract. See Tex. Prop. Code Ann. §§ 162.001-.032 (West 1984 & Supp. 1993) ("Code"). Appellant Ovation Homes, Inc., contracted to build a house for…