ON MOTION FOR REHEARING
In her motion for rehearing, appellant urges that we write on her fourth point of error because, if it is sustained, a reversal and rendition of the judgment in her favor would be required, rather than a reversal and a remand.
In her fourth point appellant argued that because the jury found that appellee failed to perform his legal services in a good and workmanlike manner, he was precluded from any recovery. The jury did find in question two that appellee failed to perform his services in a good and workmanlike manner, but it also found in question four that appellant accepted appellee’s work on her behalf.
Absent an express agreement to the contrary, every contract for services is accompanied with a duty to perform in a good and workmanlike manner with reasonable skill. If the services are not performed in such a manner, and are worthless, the person so performing will not be allowed to recover. Bachynski v. Fox and Co., 662 S.W.2d 771, 773 (Tex.App.—Houston [14th Dist.] 1983, no writ); Dowell, Inc. v. Cichowski, 540 S.W.2d 342, 351 (Tex.Civ. App.—San Antonio 1976, no writ); Moody v. Messer, 489 S.W.2d 319 (Tex.Civ.App.— Corpus Christi 1972, no writ); 14 Tex. Jur.3d Contracts § 287, at 492 (1981). The burden of securing findings on this affirmative defense is on the party resisting payment. New Trends, Inc. v. Stafford-Lowden Co., 537 S.W.2d 778, 783 (Tex.Civ.App.—Fort Worth 1976, writ ref’d n.r.e.). In our case there was a finding that appellee failed to perform in a good and workmanlike manner, but there was neither evidence nor a finding that the work was worthless and of no benefit to the appellant. In fact, there was a finding that appellant accepted the services. In that situation a total denial of recovery is not mandated.
The motion for rehearing is overruled.