Elder Construction, Inc. v. City of Colleyville

On Application for Writ of Error to the Court of Appeals for the Second District of Texas

Elder Construction Co. sued the City of Colleyville for the amount unpaid on a sewer construction contract between them. The City denied liability to Elder, asserting that some of Elder’s work had not been performed in a good and workmanlike manner, and some had not been completed at all. The City counterclaimed for the cost of finishing and fixing Elder’s work. The district court granted partial summary judgment for Elder, holding that the City had breached the contract and was not entitled to recover…