Nacol v. McNutt

OPINION

J. CURTISS BROWN, Justice.

This is a construction contract case. It involves issues of substantial performance and evidentiary sufficiency. It also contains questions of trust law. One of the contracting parties .says she entered the contract only as trustee for her grandchildren and not in her personal capacity. We must decide who bears the burden of proof on that issue and whether the grandchildren received adequate notice of the litigation. See Tex.PROp.Code Ann. § 115.015 (Vernon 1984) (requiring advance notice to beneficiaries). The jury made the following findings:(1) Appellee…