John H. Vance, D/b/a Vance Construction Co., Petitioner v. My Apartment Steak House of San Antonio, Inc., Respondent

Summary

The Texas Supreme Court reversed the lower courts and remanded for trial, reaffirming the Atkinson rule that a contractor who substantially performs must prove the cost of remedying defects, and holding that the trial court erred in granting a directed verdict because genuine issues of fact existed regarding the cost of repairs.