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COULSON v. LAKE L.B.J. MUN. UTILITY DIST.

Nos. C-4416, C-4417.

734 S.W.2d 649 (1987)

Bennett COULSON & CAE, Inc., Petitioners, v. LAKE L.B.J. MUNICIPAL UTILITY DISTRICT, Respondent.

Supreme Court of Texas.

Rehearing Denied September 16, 1987.

Attorney(s) appearing for the Case

C. Charles Dippel, Sears & Burns, Houston, for petitioners.

J. Ron Young, Rowe & Young, and Randall D. Wilkins, Houston, for respondent.

WALLACE, Justice.

The issue in this appeal is who bears the burden of proving the breach of an implied standard of care and conduct in a contract action. The trial court placed the burden on the defendant, Lake L.B.J. Municipal Utility District. The District raised the issue as an affirmative defense of failure of consideration because the work was not good and workmanlike and as the basis for its counterclaim that the work was done negligently and fraudulently. Following...

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