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TA OPERATING v. SOLAR APPLICATIONS

No. 04-04-00180-CV.

191 S.W.3d 173 (2005)

TA OPERATING CORPORATION, Appellant, v. SOLAR APPLICATIONS ENGINEERING, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 8, 2006.

Attorney(s) appearing for the Case

R. Wes Johnson, William W. Sommers, The Gardner Law Firm, P.C., Sharon E. Callaway, Crofts & Callaway, P.C., San Antonio, for appellant.

Jeff Small, Law Office of Jeff Small, Jonathan Yedor, Elms Harmon & Macchia, L.L.P., San Antonio, for appellee.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by CATHERINE STONE, Justice.

In this appeal, we are asked to determine whether the doctrine of substantial performance excuses a contractor's failure to comply with an express condition precedent to final payment that is unrelated to completion of the building. Concluding that it does not, we grant TA Operating Corporation's motion for rehearing. We withdraw our opinion and judgment of March 30, 2005 and issue this opinion and judgment in...

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