HASTEY v. HUMPHRIES

No. 8922.

576 S.W.2d 159 (1978)

Joe HASTEY, C. N. Harrison and Larry Morris, and the Fireplace Place, a Partnership, Appellants, v. Houston HUMPHRIES et ux., and American Home Assurance Company, Appellees.

Court of Civil Appeals of Texas, Amarillo.

Second Rehearing Denied January 29, 1979.


Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Berry, Stein & Johnson, R. A. Wilson, Amarillo, for appellants.

V. G. Kolius, Amarillo, Timothy E. Kelley, Dallas, Kolander & Hamilton, R. C. Hamilton, Amarillo, for appellees.


ON MOTION FOR REHEARING

REYNOLDS, Justice.

Upon further consideration, we conclude that the judgment for plaintiffs must be reversed and the cause remanded because an unresolved essential element of plaintiffs' causes of action was omitted, over objection, from the jury's consideration. We, therefore, grant the defendant-subcontractors' motion for rehearing, withdraw our 13 November 1978 opinion, set aside our judgment, and substitute this opinion.

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