Kendall Builders, Inc. v. Jane Chesson and Phillip J. Cullen

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-03-00537-CV

Kendall Builders, Inc., Appellant

v.

Jane Chesson and Phillip J. Cullen, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT

NO. GN-202292, HONORABLE CHARLES F. CAMPBELL, JR., JUDGE PRESIDING

O P I N I O N

We grant the motion for rehearing in this case, withdraw our opinion and judgment issued on June 24, 2004, and substitute this one in its place.

This appeal arises from a dispute between a married couple, appellees Jane Chesson and Phillip J. Cullen, and a building contractor,…