Guillermo Garza D/B/A Wilhome Builders & Construction v. Jesse Cantu

SUBSTITUTE OPINION

J. BRETT BUSBY, Justice.

We issued an opinion in this case on June 11, 2013, reversing the trial court’s judgment notwithstanding the verdict (JNOV) and remanding for a new trial. Appellee subsequently filed a motion for rehearing. Without changing the disposition of the case, we deny the motion for rehearing, withdraw our previous opinion, and issue this substitute opinion in its place.

Guillermo Garza, doing business as Wil-home Builders and Construction, (“the builder”) sued Jesse Cantu (“the buyer”) for breach of a construction contract. After the jury returned a verdict…