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EMERSON v. TUNNELL

No. C-9250.

793 S.W.2d 947 (1990)

Ben EMERSON and wife, Jean Emerson, Petitioners, v. Winford TUNNELL, Respondent.

Supreme Court of Texas.

Rehearing Overruled September 6, 1990.

Attorney(s) appearing for the Case

Paul R. Leake, Mesquite, for petitioners.

Robert E. Rader, Jr., Karen F. Gray, Dallas, for respondent.

PER CURIAM.

At issue is whether a motion for judgment on the verdict preserves error when the court renders judgment for the movant but for less than the verdict. Homebuilder Winford Tunnell sued homeowners Ben and Jean Emerson for breach of contract and quantum meruit. The jury failed to find that there was a contract, but found facts entitling Tunnell to recover on his quantum meruit claim. The jury also found that the value of the goods and services Tunnell provided...

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