Legal Opinion

Greene v. Bearden Enterprises, Inc.

Court of Appeals of Texas

Decided April 10, 1980No. 18227PublishedCited by 38 opinions

1Opinion of the Court

OPINION

SPURLOCK, Justice.

This is a construction contract case. A contractor sued for the cost of certain “extras” in addition to the contract price for the construction and purchase of a triplex. The purchasers counterclaimed seeking damages for defects in workmanship and deviations from the plans and specifications of the contract. The main question presented for review is whether the remedial cost is a proper measure of damages in view of the fact that the purchasers sold the triplex to a third party before the trial of this case without remedying the defects.

We reverse and remand.

In…

2Cases cited7 opinions

  1. Hutson v. ChamblessTexas Supreme Court · 1957
  2. Rogowicz v. Taylor and Gray, Inc.Court of Appeals of Texas · 1973
  3. Engel v. Dunn CountyWisconsin Supreme Court · 1956
  4. Wentworth v. Air Line Pilots AssociationDistrict of Columbia Court of Appeals · 1975
  5. Drury v. ReevesCourt of Appeals of Texas · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. McKinley v. DrozdTexas Supreme Court · 1985
  2. Farmers & Merchants State Bank of Krum v. FergusonTexas Supreme Court · 1981
  3. Hall v. Hubco, Inc., Texas Court of Appeals, 14th District (Houston)2006
  4. Jim Walter Homes, Inc. v. CastilloCourt of Appeals of Texas · 1981
  5. Fidelity & Deposit Co. of Maryland v. StoolCourt of Appeals of Texas · 1980

33 more not listed; retrieve them via the Exa API.

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