BPR Construction & Engineering, Inc. v. Rivers

HUMPHREYS, Justice.

BPR Construction & Engineering, Inc. appeals from a take nothing judgment on its counterclaim for breach of a written contract. BPR contends that the court erred in placing the burden of proof of the cost of completion of the contracted work on it, the defendant contractor, because the burden of proof is on the plaintiffs, Rivers. We disagree and affirm.

In October 1975, A. G. Rivers entered into a written contract with BPR Construction & Engineering, Inc. to perform certain repair work on the foundation of the Rivers’ then residence for the contract price of *249$8,320.00. When…