Lake LBJ Municipal Utility District v. Coulson

POWERS, Justice.

Bennett Coulson and C.A.E., Inc. recovered judgment against the Lake LBJ Municipal Utility District in a suit for sums allegedly due them under a written contract to furnish the District various kinds of engineering services. The judgment rests upon the jury’s answers to special issues. We will sustain the District’s first point of error on appeal, reverse the judgment below, and remand the cause for a new trial.

The interests of Coulson and C.A.E., Inc. being identical on appeal, we shall refer to them collectively as the “Engineer.”

The Engineer declared on the contract,…