Wade Contractors, Inc. v. C. W. & A., Inc.

OPINION

YOUNG, Justice.

This is an appeal from a suit brought by a general contractor alleging breach of contract by a subcontractor who failed to supply gravel for the construction of a highway for the State of Texas. Wade Contractors, Inc., filed suit against C. W. & A., Inc., for breach of contract and asked for actual and exemplary damages. Defendant responded with a general denial and a cross-action. Trial was to the court without a jury. Af ter the plaintiff had presented witnesses, both parties closed. Thereafter, the trial court rendered a take nothing judgment in favor of the…