C & G, INC. v. Jones

C &; G, Inc. d/b/a Fox Rental appeals the trial courts "take nothing" judgment in favor of C. N. Jones and Leonard Duncan. Fox Rental sued Jones and Duncan for misapplication of construction trust funds pursuant to section 162.031(a) of the property code. See Tex. Prop. Code Ann. § 162.031(a) (Vernon 1995). In a single issue, Fox Rental contends the trial court erred in failing to find Jones and Duncan personally liable for the trust funds. Because we conclude that the trial court improperly applied the law to the stipulated facts, we resolve this issue in Fox Rentals favor. We reverse the trial courts final judgment on Fox Rentals claims against Jones and Duncan and render judgment that Jones and Duncan are jointly and severally liable to Fox Rental for $27,556.71. In all other respects, the trial courts final judgment is affirmed.