Lanphier Construction Co. v. Fowco Construction Co.

OPINION ON MOTION FOR REHEARING

Appellant Lanphier Construction Company in its motion for rehearing re-asserts that this Court has erred in not disregarding the jury’s answer to Special Issue No. 1 and in not rendering judgment in favor of Lanphier for $30,088.40 instead of affirming the trial court’s judgment for $20,000.00. Lanphier alleged (in its second amended petition) that it was required to pay Heldenfels Brothers the sum of $29,450.00 for redoing certain paving work plus an additional $638.40 for restripping. Lanphier further alleged that such sums were both reasonable and necessary…