MUSGRAVE v. CARROLL

No. 3773.

364 S.W.2d 868 (1963)

Kenneth L. MUSGRAVE, Appellant, v. Busby CARROLL et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 1, 1963.


Attorney(s) appearing for the Case

Smith & Erwin, Abilene, for appellant.

Eplen, Daniel, Hooper & Dickson, Abilene, for appellees.


WALTER, Justice.

Kenneth L. Musgrave contracted with Busby Carroll and wife to build them a house. The Carrolls filed suit against Musgrave and alleged that the defendant failed to substantially perform in that he failed to construct the house in a good and workmanlike manner and in accordance with the plans and specifications. The defendant pleaded that the major damages were caused by shifting soil.

The jury found...

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