Dobbins v. Redden

ON REHEARING

This cause presents the issue of whether a party which fails to establish substantial performance of a building contract may nevertheless sustain an action under that contract. The court of appeals rendered judgment allowing the plaintiff to recover damages in a contract action despite a jury finding that the plaintiff had himself breached the contract. 759 S.W.2d 477. We grant the writ of error, modify the judgment of the court of appeals, and affirm that judgment as modified.

Plaintiff Roy Redden agreed to build an earthen tank and dam on defendant Robert Dobbins’ property for…