Supplemental Opinion on Partial Rehearing September 22, 1986
713 S.W.2d 462
Petition for Rehearing; granted in part and denied in part.
Per Curiam.In a petition for rehearing Coney argues that the judgment in his favor in the amount of $338,638.00 was admitted by RAD-Razorback to be owed to Coney and that this portion of the judgment should be affirmed. In response, RAD-Razorback admits that it offered to pay that amount but not as a final payment under the contract, for that might mean that it waived its claims against Coney for remedial work and back-charges. RAD-Razorback states that Coney refused to accept the offer. In the circumstances, the judgment in favor of Coney for $338,638.00 is affirmed in the sense that Coney’s underlying cause of action for that amount is no longer in issue, but the affirmance is without prejudice to Rad-Razorback’s claims against Coney with regard to other matters.
There having been no petition for rehearing with respect to the judgments in favor of River Valley, Inc., and Shrader Construction Company, Inc., and Shirley Excavating & Clearing Company, Inc., those judgments have become final.
In other respects Coney’s petition for rehearing is denied.
Hays, J., not participating in the consideration of the case on rehearing. Holt, C.J. and Purtle, J., not participating.