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, holding that the trial court erred in granting a directed verdict because sufficient evidence existed to raise a factual issue on the cost of remedying defects, and it reaffirmed the Atkinson rule that a contractor who substantially performed must prove the cost of those defects. Justice Robertson filed a concurring opinion agreeing with the result but arguing the Atkinson rule should be overruled.