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KENDALL BUILDERS, INC. v. CHESSON

No. 03-03-00537-CV.

149 S.W.3d 796 (2004)

KENDALL BUILDERS, INC., Appellant, v. Jane CHESSON and Phillip J. Cullen, Appellees.

Court of Appeals of Texas, Austin.

August 12, 2004.

Attorney(s) appearing for the Case

Stephen Fenoglio and Anatole R. Barnstone, Austin, for appellant.

Richard D. Yeomans, Graves, Dougherty, Hearon & Moody, PC, Austin, for appellees.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

We grant the motion for rehearing in this case, withdraw our opinion and judgment issued on June 24, 2004, and substitute this one in its place.

This appeal arises from a dispute between a married couple, appellees Jane Chesson and Phillip J. Cullen, and a building contractor, appellant Kendall Builders, Inc. (Kendall), whom appellees hired to remodel a home they had purchased in Austin. Before the remodeling...

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