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CONANN CONSTRUCTORS, INC. v. MULLER

No. 12913.

618 S.W.2d 564 (1981)

CONANN CONSTRUCTORS, INC., Appellant, v. Dale E. MULLER, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Robert R. Bradshaw, Coffee, Goldston & Bradshaw, Austin (James M. Vogt, Coffee, Goldston & Vogt, Austin, on re-submission of brief), for appellant.

Dale E. Muller, Thomas Goggan and Joel B. Mitchell, Austin, for appellees.

PHILLIPS, Chief Justice.

Appellees, Mr. and Mrs. Lawrence Kolbert, agreed to purchase a house from appellant Conann Constructors, Inc., in 1970. Their next-door neighbor, appellee Dale E. Muller, purchased a lot from Conann and had another contractor build his house in 1972. The Kolberts' house had a septic system in the front yard but it never worked properly. Effluence from the septic system ran from the Kolberts' lawn onto Muller's lot and down the street. Muller...

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