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SAGE STREET ASSOC. v. NORTHDALE CONST. CO.

No. B14-90-0311-CV.

809 S.W.2d 775 (1991)

SAGE STREET ASSOCIATES, 3525 Sage Street Associates, and Marvin B. Myers, Appellants, v. NORTHDALE CONSTRUCTION COMPANY, Federal Insurance Company, and Federal Deposit Insurance Company, as receiver of NBC Bank-Houston, N.A., successor-in-interest to NBC Bank-Heights, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled June 13, 1991.

Attorney(s) appearing for the Case

David T. Harvin, Betty R. Owens, Gregory N. Jones, Houston, for appellants.

William Coats, Yocel Alonso, W. James Kronzer, Leslie C. Taylor, Geoffrey H. Bracken, David M. Gunn, Houston, for appellees.

Before PAUL PRESSLER, JUNELL and ELLIS, JJ.

OPINION

PAUL PRESSLER, Justice.

Appellant (Sage) and appellee (Northdale) brought separate actions against each other under a construction contract. The two actions were consolidated. A jury found that Sage had wrongfully terminated Northdale, that Northdale did not breach its agreement with Sage, and that Federal Insurance Company, Northdale's bonding agent, did not fail to perform its obligations under the performance bond. The court awarded Northdale...

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