Waters v. Yockey

This case is before the Court on certified question from the Court of Civil Appeals at Dallas.

C. H. Yockey sued Fleming A. Waters for the contract price of waterproofing the basement of a building belonging to Waters. Waters denied liability • and reconvened for damages, alleging that the basement leaked because the work had not been done as provided for in the contract. A trial before the court without a jury resulted in a judgment in favor of Yockey.

The trial court filed findings of fact and conclusions of law. These original findings would have supported a judgment for Waters. A few days…