Coulson v. Lake LBJ Municipal Utility District

OPINION ON MOTION FOR REHEARING

PHILLIPS, Chief Justice.

The motions for rehearing are overruled. We, however, withdraw our prior opinion and judgment of June 7, 1989, and substitute the following.

This is a contract action. The principal issue in this appeal is whether a jury question inquiring about the sufficiency of the plaintiff’s performance included a comment on the weight of the evidence which tended to induce the jury to answer the issue in plaintiff’s favor. The court of appeals held that the issue erroneously commented on the weight of the evidence by combining an uneontested…