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VANCE v. MY APARTMENT STEAK HOUSE, ETC.

No. C-2623.

677 S.W.2d 480 (1984)

John H. VANCE, D/B/A Vance Construction Co., Petitioner, v. MY APARTMENT STEAK HOUSE OF SAN ANTONIO, INC., Respondent.

Supreme Court of Texas.

May 23, 1984.

Attorney(s) appearing for the Case

David W. Rogers, San Antonio, for petitioner.

Charles E. Davis, San Antonio, for respondent.

BARROW, Justice.

This is an appeal by John H. Vance, d/b/a Vance Construction Company (Vance) from a take-nothing judgment rendered in his suit against My Apartment Steak House of San Antonio, Inc. (Steak House) to recover on a construction contract. The court of appeals affirmed. We reverse the judgments of the lower courts and remand the cause to the trial court.

In March of 1978, Vance entered into a construction contract with Steak House whereby Vance...

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