Teresa Von Illyes v. Cary Rolfing, Laura Rolfing, and Kenneth Rolfing
Teresa Von Illyes appealed a jury verdict and judgment in favor of the Rolfings regarding claims from a home remodel project. The Rolfings had sued Von Illyes, John Barton, and Clearfork General Construction for breach of contract and deceptive trade practices, with Von Illyes counterclaiming for nonpayment and quantum meruit. The jury found Clearfork breached the contract and awarded damages to the Rolfings. On appeal, Von Illyes challenged the legal and factual sufficiency of the evidence supporting the damages. The Court of Appeals sustained Von Illyes's challenges regarding the "benefit of the bargain" and "cost to repair" damages, reversing the trial court’s judgment on these awards and rendering a take-nothing judgment for the Rolfings on those claims. However, the court affirmed the jury's decision against Von Illyes's quantum meruit claim.