Cotter & Sons, Inc. v. BJ Corp.

After the parties rested, the trial court held a charge conference. In the conference, Cotter & Sons did not object to the breach of contract or commercial bribery questions, but it raised a no-evidence objection to the negligent misrepresentation question.

The jury found Cotter & Sons breached the Contracts and the Contracts were not procured by commercial bribery. The jury's verdict found damages as follows:

• Breach of contract: $431,716.84

• Negligent misrepresentation: $50,000.00

• Quantum meruit: $431,716.84 (same amount as breach of contracts)

The trial court rendered judgment and awarded…