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Bartush-Schnitzius Foods Co. v. Cimco Refrigeration, Inc.

Supreme Court of Texas
518 S.W.3d 432 (2017)


Facts

Bartush-Schnitzius Foods Company (defendant) hired Cimco Refrigeration, Inc. (plaintiff), to install a refrigeration system. The system’s defrost unit could not support the temperature that Bartush needed. As a result, ice formed on the system’s fan motors, causing them to malfunction. When Bartush discovered the problem it still owed Cimco more than $100,000 under the contract. Given the system’s problems, however, Bartush did not make any further payments. Bartush hired a third party to install a defrost unit that would work at Bartush’s needed temperature. Cimco sued Bartush to recover the payments that Bartush had not made. Bartush countersued to recover the cost of the defrost unit it ordered from the third party. The jury found that both parties breached the contract, that Cimco’s breach was first, and that Bartush’s breach was not excused. Despite these findings, the trial court entered a judgment solely in favor of Bartush. Cimco appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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