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RAMEX CONST. CO. v. TAMCON SERVICES INC.

No. 14-97-01209-CV.

29 S.W.3d 135 (2000)

RAMEX CONSTRUCTION CO., Bufete Industrial Infraestructura, S.A. De C.V. and Seaboard Surety Co., Appellants, v. TAMCON SERVICES INC. and Standard Cement Materials Inc., Appellees. Tamcon Services Inc. and Standard Cement Materials Inc., Appellant, v. Ramex Construction Co. Inc., Bufete Industrial Infraestructura S.A. De C.V. and Seaboard Surety Co., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Opinion Granting Rehearing in Part September 14, 2000.

Rehearing Overruled October 19, 2000.

Attorney(s) appearing for the Case

Joe William Meyer, Robert L. Lipset, Houston, for appellants.

Gerald Scott Siegmyer, Allison J. Snyder, Houston, for appellees.

Panel consists of Justices SEARS, DRAUGHN, and EVANS.

OPINION

ROSS A. SEARS, Justice, (Assigned).

This is a breach of contract action involving a general contractor, subcontractor, supplier and surety. All parties appeal. Because the jury's verdict was based on a ground unsupported by the pleadings, we reverse and remand.

Ramex Construction (the lead partner of a joint venture which included Bufete Industrial) was general contractor on a City of Houston sewer project. Tamcon Services signed two contracts...

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