Quimbee logo
DMCA.com Protection Status
  • B
  • Bartush-Schnitzius Foods Co. v. Cimco Refrig…Bartush-Schnitzius Foods Co. v. Cimco Refrigeration, Inc.
From our private database of 16,800+ case briefs...

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

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


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


Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 448,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 448,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial