Legal Opinion
McCoy v. Nelson Utilities Services, Inc.
Texas Court of Appeals, 12th District (Tyler)
Decided July 31, 1987No. 12-86-0041-CVPublishedCited by 21 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
SUMMERS, Chief Justice.
Our opinion dated June 30, 1987, is withdrawn, and the following is substituted.
This case involves the question of damages arising out of the breach of a construction contract and the superior right to retainage. We reform the judgment and as reformed, affirm.
On December 22, 1982, appellant R.J. Kelley (Kelley), the owner of the Meadow Acres Subdivision Number 2 in Henderson, Texas (Meadow Acres), filed suit against McCoy Construction Company, Inc. (McCoy Construction) seeking damages for breach of contract. On January 21, 1983, McCoy Construction…
2Cases cited25 opinions
- Davis v. HueyTexas Supreme Court · 1978
- Renfro Drug Co. v. LewisTexas Supreme Court · 1950
- In the Interest of W.E.R.Texas Supreme Court · 1984
- RepublicBank Dallas, N.A. v. Interkal, Inc.Texas Supreme Court · 1985
- Cartwright v. CanodeTexas Supreme Court · 1914
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lively v. Carpet Services, Inc., Texas Court of Appeals, 1st District (Houston)1995
- J.P. Morgan Chase Bank, N.A. Ex Rel. Bank One, N.A. v. Texas Contract Carpet, Inc., Texas Court of Appeals, 3rd District (Austin)2009
- C & G, INC. v. Jones, Texas Court of Appeals, 5th District (Dallas)2005
- Taylor Pipeline Construction, Inc. v. Directional Road Boring, Inc.District Court, E.D. Texas · 2006
- Vulcan Materials Co. v. Jack Raus, Inc. (In Re HLW Enterprises of Texas, Inc.)United States Bankruptcy Court, W.D. Texas · 1993
16 more not listed; retrieve them via the Exa API.