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O.W. Grun Roofing and Construction Co. v. Cope

Court of Civil Appeals of Texas
529 S.W.2d 258 (1975)


Facts

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.

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Holding and Reasoning (Cadena, J.)

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