Oehlert v. Massey

OPINION

CORNELIUS, Chief Justice.

Jim Oehlert appeals from an adverse judgment based on a jury verdict in his breach of contract action against Jeff Massey. He challenges, among other things, the legal and factual sufficiency of the evidence to support the verdict, and contends that the trial court gave the jury an incorrect instruction on the measure of damages. We agree that the damage instruction was incorrect, and will reverse and remand for a new trial.

Oehlert, as contractor, agreed by written contract to build Jeff Massey, owner, a convenience store-gas station in Sulphur Springs for…