Bluelinx Corp. v. Texas Construction Systems, Inc.

SUBSTITUTE OPINION ON REHEARING

MARTHA HILL JAMISON, Justice.

We deny the motion for rehearing of appellee Texas Construction Systems, Inc. (TCS). We withdraw our opinion of January 27, 2011, and issue the following substitute opinion in its place.

Appellant Bluelinx Corporation appeals from the trial court’s judgment entered in favor of TCS after a jury trial. In six issues, Bluelinx argues that (a) the trial court erred in submitting a jury question on quantum meruit and the evidence is insufficient to support the jury’s award for quantum meruit, (b) foreclosure against Bluelinx’s property was…