BOYTER v. MCR CONST. CO.

No. 05-83-00742-CV.

673 S.W.2d 938 (1984)

Jack R. BOYTER, Appellant, v. MCR CONSTRUCTION CO., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 31, 1984.


Attorney(s) appearing for the Case

Diamond J. Pantaze, Dallas, for appellant.

Steve Brutsche, Rhodus, Jones & Brutsche, Charles L. Thoeming, Rhodus, Jones & Brutsche, Dallas, for appellee.

Before STEPHENS, VANCE and ALLEN, JJ.


ALLEN, Justice.

Jack Boyter appeals from a summary judgment in favor of MCR Construction Co. rescinding a contract between Boyter and MCR. We agree with Boyter's contention on appeal that MCR failed to establish its case as a matter of law. Consequently, we reverse and remand.

MCR and Boyter entered into a written contract in July 1982 under which Boyter agreed to provide subcontracting materials and services to prepare sites for factory built homes and to...

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