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WHITE BUDD VAN NESS PARTNERSHIP v. MAJOR-GLADYS DRIVE JOINT VENTURE

No. 09-89-074 CV.

798 S.W.2d 805 (1990)

The WHITE BUDD VAN NESS PARTNERSHIP, Appellant, v. MAJOR-GLADYS DRIVE JOINT VENTURE, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied October 4, 1990.

Attorney(s) appearing for the Case

Guy Lipe, Vinson & Elkins, Houston, for appellant.

Jon B. Burmeister, Moore, Landrey, Garth & Jones, Beaumont, for appellee.

Before BROOKSHIRE and BURGESS, JJ., and SMITH, J., (Ret.).

OPINION

BROOKSHIRE, Justice.

This is a suit to recover damages from an architectural firm, Defendant/Appellant, for its alleged failure to properly investigate and advise Plaintiff/Appellee concerning the use of a specific type of tile in the construction of a shopping center. Plaintiff/Appellee joined the contractor as a defendant for improper installation of the tile. Prior to trial, Plaintiff/Appellee settled with the contractor, entered into a so-called...

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