Legal Opinion

MARQUIS CONST. CO., INC. v. Johnson Masonry

Texas Court of Appeals, 1st District (Houston)

Decided December 1, 1983No. 01-82-0570-CVPublishedCited by 8 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

OPINION

EVANS, Chief Justice.

We find that we erred in our original opinion, and we accordingly grant the ap-pellee’s (subcontractor’s) motion for rehearing and affirm the trial court’s judgment.

In our original opinion, we held that the trial court erroneously admitted the subcontractor’s invoices into evidence and we concluded that this resulted in harmful error requiring a new trial on the damage issues. Our holding was based upon the premise that the subcontractor failed to prove the “underlying source” of such invoices and that such supporting data had not been made…

2Cases cited5 opinions

  1. Black Lake Pipe Line Co. v. Union Construction Co.Texas Supreme Court · 1976
  2. University Savings & Loan Ass'n v. Security Lumber Co.Texas Supreme Court · 1967
  3. Wenk v. City National BankCourt of Appeals of Texas · 1981
  4. Roylex, Inc. v. Avco Community Developers, Inc.Court of Appeals of Texas · 1977
  5. Hallmark Builders, Inc. v. AnthonyCourt of Appeals of Texas · 1977

3Cited by8 opinions

  1. Clark v. Walker-Kurth Lumber Co., Texas Court of Appeals, 1st District (Houston)1985
  2. McAllen State Bank v. Linbeck Construction Corp., Texas Court of Appeals, 13th District1985
  3. Weisman v. Hopf-Himsel, Inc.Indiana Court of Appeals · 1989
  4. Longoria v. Greyhound Lines, Inc., Texas Court of Appeals, 4th District (San Antonio)1985
  5. Cabot Oil & Gas Corporation v. Healey, L.P., Texas Court of Appeals, 12th District (Tyler)2013

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