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METROCON CONST. CO. v. GREGORY CONST. CO.

No. 05-82-00775-CV.

663 S.W.2d 460 (1983)

METROCON CONSTRUCTION COMPANY, INC., Appellant, v. GREGORY CONSTRUCTION COMPANY, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied November 23, 1983.

Attorney(s) appearing for the Case

Henry Stollenwerck, Dallas, for appellant.

Richard L. Howell, R. Brent Cooper, Cowles, Sorrells, Patterson & Thompson, Dallas, for appellee.

Before AKIN, SPARLING and GUILLOT, JJ.

AKIN, Justice.

Metrocon sued Gregory alleging negligence and breach of contract. The jury found against Metrocon on its allegations of negligence, but no issues were submitted on the cause of action for breach of contract. The trial court rendered judgment based on a finding of no negligence on Gregory. Metrocon appeals contending that it proved that a contract existed between the parties and that the contract had been breached. Gregory responds by contending that...

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