Legal Opinion

McCrory & Co. v. Avery Mays Construction Co.

Texas Court of Appeals, 5th District (Dallas)

Decided April 22, 1985No. 05-84-00521-CVPublishedCited by 6 opinions

1Opinion of the Court

McCLUNG, Justice.

McCrory & Co., Inc., a subcontractor, brought this breach of contract suit against Avery Mays Construction Company, the general contractor. Mays counterclaimed against McCrory and joined Highlands Underwriters Insurance Company on its performance bond on McCrory. The parties waived a jury trial and a master in chancery was appointed by the trial court. The court adopted the master’s findings and rendered judgment against McCrory.

McCrory contends that the court erred (1) in making findings that are contrary to the great weight and preponderance of the evidence; (2) in basing…

2Cases cited3 opinions

  1. Wallace v. WallaceCourt of Appeals of Texas · 1981
  2. Cameron v. CameronCourt of Appeals of Texas · 1980
  3. Novotny v. Novotny, Texas Court of Appeals, 1st District (Houston)1983

3Cited by6 opinions

  1. Republic Insurance Co. v. DavisTexas Supreme Court · 1993
  2. Lesikar v. Moon, Texas Court of Appeals, 14th District (Houston)2007
  3. Loc Thi Nguyen v. Short, How, Frels & Heitz, P.C., Texas Court of Appeals, 5th District (Dallas)2003
  4. TransAmerican Natural Gas Corp. v. FloresTexas Supreme Court · 1994
  5. Republic Insurance Co. v. DavisTexas Supreme Court · 1993

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