LANDSCAPE DESIGN AND CONSTRUCTION v. HAROLD THOMAS EXCAVATING

No. 20352.

604 S.W.2d 374 (1980)

LANDSCAPE DESIGN AND CONSTRUCTION, INC., Appellant, v. HAROLD THOMAS EXCAVATING, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied August 20, 1980.


Attorney(s) appearing for the Case

John A. George, Dallas, for appellant.

James S. Munson, Wharton, for appellee.

Before GUITTARD, C. J., and AKIN and HUMPHREYS, JJ.


AKIN, Justice.

This litigation concerns a dispute with respect to a subcontract to build a lake at Eastfield College in Mesquite, Texas. Defendant, a general contractor, entered into a written subcontract with plaintiff, a subcontractor, to excavate for the lake. Plaintiff completed the excavation but defendant refused to pay him, claiming that the work was not performed within ten days as required by the written agreement. Defendant claimed offsets for payments made...

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