PAT SULLIVAN, Appellant v. RANDALL K. HOOVER, D/B/A HOOVER CONSTRUCTION CO., Appellee, 782 S.W.2d 305

Summary

Appellant homeowner hired appellee construction company to repaint and remodel his home. The agreement resulted in the filing of a material and mechanic's lien against appellant and a lawsuit for breach of contract and various business code violations. The trial court granted appellee's motion for summary judgment based on a defense of statute of limitations. The court partially reversed the judgment, holding that the statute of limitations applied to the common law and deceptive trade practices claims, but that the actions for breach of contract and actions under Tex. Bus. & Com. Code Ann. § 27.01 were covered by the four-year statute of limitations. The court found that appellee recognized appellant's breach of contract cause of action as evidenced by its answers and other pleadings, even though it insisted no claim was filed by appellant. The court held that appellant's pleadings gave fair and adequate notice to the breach of contract claim against appellee. The court remanded the ...