W & W OIL CO. v. Capps

OPINION ON REHEARING

BILL BASS, Justice.

After consideration of the motion for rehearing, we grant the motion, withdraw our original opinion and substitute the following opinion. W & W Oil Company (hereinafter “W & W”) appeals from a judgment rendered on the theory of quantum meruit in favor of Capps Construction Company (hereinafter “Capps”) for goods and services provided to W & W. By three points of error, Capps contends the trial court erred by failing to assess damages against the co-defendant and by granting judgment upon legally and factually insufficient evidence. We reverse and remand.

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