SAGE ST. ASSOC. v. NORTHDALE CONST. CO.

No. 94-1037.

937 S.W.2d 425 (1996)

SAGE STREET ASSOCIATES, 3525 Sage Street Associates and Marvin B. Myers, Petitioners, v. NORTHDALE CONSTRUCTION COMPANY, Robert B. Evans and Federal Insurance Company, Respondents.

Supreme Court of Texas.

Rehearing Overruled February 21, 1997.


Attorney(s) appearing for the Case

Betty R. Owens, Gregory Neill Jones, David T. Harvin, Houston, for Petitioners.

Michael C. Gridley, Geoffrey H. Bracken, William M. Coats, Richard F. Greenleaf, Leslie C. Taylor, Yocel Alonso, Houston, David M. Gunn, Bellaire, Stephen G. Scholl, Houston, for Respondents.


PER CURIAM.

The only issue we address in this case is whether the court of appeals misunderstood our instructions on remand. We conclude that it did.

Northdale Construction Company contracted to build a high-rise apartment building for Sage Street Associates. Sage Street agreed to pay Northdale the lesser of its costs or $13,535,000 (plus extras). Sage Street also agreed to pay Northdale a fee of $760,000. The parties dispute whether this fee was included...

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