McCRACKEN CONSTRUCTION CO., INC. v. Urrutia

OPINION

OSBORN, Justice.

The dispute between the parties in this case arises from two written Construction Subcontracts and work performed under the terms of those agreements. Based upon a jury verdict, which included a finding of a mutual mistake as to a provision for compaction and leaving the work sites level or graded for paving, judgment was entered for Appellees for the sum of $3,900.00, as provided for in the two agreements, plus a stipulated amount for attorney’s fees. We reverse and remand.

In August, 1972, bids were submitted by Southside Wrecking and Salvage Co. to McCracken…