DAVIS v. BRYAN & BRYAN, INC.

No. C-5882.

730 S.W.2d 643 (1987)

James Earl DAVIS, et ux., Petitioners, v. BRYAN & BRYAN, INC., Respondent.

Supreme Court of Texas.

On Rehearing May 27, 1987.


Attorney(s) appearing for the Case

Dennis Powell, Dugas & Powell, Orange, for petitioners.

Pannal Alan Sanders, Sanders & Owens, Orange, for respondent.


PER CURIAM.

This is an appeal from a suit on a contract. Based on the jury's answers to special issues, the trial court rendered judgment that plaintiff take nothing. While noting that Bryan & Bryan failed to plead or submit issues on the theory of quantum meruit, the court of appeals, in an unpublished opinion, reversed the judgment of the trial court by holding: "From a strict view of the law, since plaintiff brought this

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