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SANCHEZ v. MULVANEY

No. 04-07-00806-CV.

274 S.W.3d 708 (2008)

Henry SANCHEZ, Jr. and Josefina Sanchez, Appellants, v. Ryan MULVANEY d/b/a Freestone Equipment Co. and Hypersonic Construction, LLC, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 11, 2008.

Attorney(s) appearing for the Case

Howard C. Berger, Floresville, TX, Louis T. Rosenberg, Nohl Patrick Bryant, Law Office of Louis T. Rosenberg, P.C., San Antonio, TX, for appellant.

Craig H. Vittitoe, Roger W. Hughes, Adams & Graham, L.L.P., Harlingen, TX, Vincent L. Hazen, Austin, TX, Duane Scaief, Jr., c/o Hypersonic Construction LLC, San Antonio, TX, for appellee.

Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court's summary judgment rendered in favor of appellees. We affirm in part and reverse in part and remand.

BACKGROUND

Appellants, Henry Sanchez, Jr. and Josefina Sanchez, are the co-owners of real property on which they intended to construct a Sonic Drive-in restaurant. The Sanchezes hired appellee Hypersonic...

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