FROST CRUSHED STONE v. ODELL GEER CONST.

No. 10-00-282-CV.

110 S.W.3d 41 (2002)

FROST CRUSHED STONE COMPANY, INC., Appellant, v. ODELL GEER CONSTRUCTION CO., INC., Appellee.

Court of Appeals of Texas, Waco.

December 11, 2002.


Attorney(s) appearing for the Case

James E. Studensky, Waco, Reed Jackson, Fairfield, for appellant.

Blake C. Erskine, James F. Twombly, Onstad Law Firm, Austin, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

REX D. DAVIS, Chief Justice.

Odell Geer Construction Company ("Geer") sued Frost Crushed Stone Company ("Frost") under theories of breach of contract, negligent misrepresentation, and promissory estoppel. Before trial, Geer non-suited Frost on all claims except promissory estoppel. Following a jury trial, the court entered judgment in favor of Geer. The jury awarded actual damages in the amount of $40,000 plus attorney's fees. Frost argues that 1...

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