Tex-Craft Builders, Inc. v. Housing Authority of Texas City

OPINION

WILSON, Justice.

In a non-jury trial plaintiff recovered judgment for damages resulting from breach of a contract by which defendant contractor agreed to lay sewer lines in connection with construction of an apartment building. Findings of Fact were filed. We affirm.

Defendant complains of the overruling of its motion for judgment because it says plaintiff pleaded “defendant caused said sewer line to be improperly installed,” whereas the proof showed the line was installed by a third person. It is asserted there is a material variance between pleading and proof. Complaint is also made of…