From our private database of 14,200+ case briefs...
O.W. Grun Roofing and Construction Co. v. Cope
Court of Civil Appeals of Texas
529 S.W.2d 258 (1975)
O.W. Grun Roofing and Construction Co. (Grun Roofing) (defendant) entered a contract with Cope (plaintiff) to install a new roof on Cope’s house. Under the contract, Grun Roofing agreed to install a roof for $648.00 using “russet glow” shingles. Grun Roofing described these shingles as being a “brown varied color.” After Grun Roofing installed the roof, Cope noticed that some of the shingles contained yellow streaks. Grun Roofing installed replacement shingles. These replacement shingles, however, did not match the color of the original shingles. The result was that the roof was not uniform in color. Cope waited for nine or ten months to see if the shingles would begin looking more uniform in color, but this never occurred. The roof was otherwise substantial and provided Cope sufficient protection from the elements. The roof could only be made uniform in color, however, by replacing the entire roof. Cope refused to pay Grun Roofing the $648.00 for the roof. Grun Roofing filed a mechanic’s lien on Cope’s home. Cope brought suit against Grun Roofing in Texas state court seeking $1,500.00 in damages based on Grun Roofing’s alleged failure to install a satisfactory roof according to the contract. Cope also sought to set aside the mechanic’s lien on the property. Grun Roofing filed a cross-claim for $648.00. The trial court awarded Cope $122.60 in damages, set aside the mechanic’s lien, and denied recovery to Grun Roofing on its cross-claim. Grun Roofing appealed.
Rule of Law
Holding and Reasoning (Cadena, J.)
What to do next…
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 97,000 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.
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 239,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.