Neco Engineering Co. of Texas, Inc. v. Lee

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff Neco from a take nothing judgment in suit against defendant Lee to recover liquidated damages under a contract.

Plaintiff sued defendant alleging plaintiff and defendant entered into a written contract whereby plaintiff was to perform repair work on defendant’s home; that defendant cancelled the contract; that by the terms of the contract plaintiff is entitled to $825 (being 30% of the total cash price set up in the contract), as liquidated damages. Plaintiff further prayed for attorney’s fees.

Defendant answered alleging plaintiff…