City of Austin v. Houston Lighting & Power Co.

OPINION

KINKEADE, Justice.

City of Austin (Austin) appeals a take-nothing judgment rendered in favor of Houston Lighting & Power Company and its parent company, Houston Industries, Inc. (collectively HL & P), in this action for breach of a contract to build a nuclear power plant, fraud, and violation of the Deceptive Trade Practices Act (DTPA). In six points of error, Austin argues that the trial court erred by (1) sustaining HL & P’s special exceptions to Austin’s cause of action for breach of the implied duty to perform the contract with skill and care, (2) overruling Austin’s hearsay…