DAVIS MASONRY, INC. v. B-F-W CONST. CO., INC.

No. C-788.

639 S.W.2d 448 (1982)

DAVIS MASONRY, INC., Petitioner, v. B-F-W CONSTRUCTION CO., INC., Respondent.

Supreme Court of Texas.

Rehearing Denied June 30, 1982.


Attorney(s) appearing for the Case

Milner & Smith, Peter, R. Meeker, Austin, for petitioner.

Douglass D. Hearne and Associates, Austin, for respondent.


PER CURIAM.

B-F-W Construction Company sued Davis Masonry, Inc. for breach of a construction subcontract. B-F-W seeks the cost of remedying the defective work and cost of completing the contract. B-F-W also seeks attorneys' fees. The subcontract provides:

If contractor shall employ an attorney to enforce any provision of this subcontract, or to defend any suit instituted by sub-contractor..., subcontractor shall, if contractor prevails, pay to contractor...

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