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ALPERT v. JARRELL CARPENTRY COMPANY

No. 18324.

510 S.W.2d 136 (1974)

Robert ALPERT, Appellant, v. JARRELL CARPENTRY COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

May 2, 1974.

Attorney(s) appearing for the Case

Michael Lowenberg, Akin, Gump Strauss, Hauer & Feld, Dallas, for appellant.

Marshall W. Dooley, Herndon, Girand, Smith & Kolodey, Dallas, for appellee.

GUITTARD, Justice.

Jarrell Carpentry Company, a partnership, sued Robert Alpert on an oral contract for home repairs and remodeling. On trial the jury found in answer to special issues (1) that plaintiff did not substantially perform in accordance with the terms and specifications of the contract between the parties, (2) that the balance due and owing to plaintiff from defendant after allowance of all proper offsets, credits and payments in favor of either party was...

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