(DOWNLOAD) "Bennett Coulson & Cae v. Lake L.B.J. Municipal Utility District" by Fifth District, Dallas Court of Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bennett Coulson & Cae v. Lake L.B.J. Municipal Utility District
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 01, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The issue in this appeal is who bears the burden of proving the breach of an implied standard of care and conduct in a contract action. The trial court placed the burden on the defendant, Lake L.B.J. Municipal Utility District. The District raised the issue as an affirmative defense of failure of consideration because the work was not good and workmanlike and as the basis for its counterclaim that the work was done negligently and fraudulently. Following trial by jury, the trial court rendered judgment generally favorable to the plaintiff, Bennett Coulson. The court of appeals reversed this judgment and remanded the cause for new trial, holding that compliance with the implied standard was an essential element of Coulsons contract claim and the Districts negligence counterclaim. Also, that court held the trial court had miscast the burden of proof. 692 S.W.2d 897. We hold that the trial court properly submitted the case to the jury and we reverse the judgment of the court of appeals; however, we remand the cause to the court of appeals for consideration of other points deemed immaterial by that court.
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