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Tractebel Energy Marketing v. E.I. Du Pont de Nemours and Co.
Texas Court of Appeals
118 S.W.3d 60 (2003)
Facts
Tractebel Power, Inc. (TPI) (plaintiff) charged its subsidiary, Tractebel Energy Marketing, Inc. (TEMI) (plaintiff), with locating a potential source from whom TPI could purchase pollution-offset credits. TEMI kept TPI’s identity and those of potential credit sellers secret until TEMI had brokered a deal. TEMI concluded a deal with E.I. Du Pont de Nemours and Company (DuPont) (defendant), which believed it could supply all the credits needed from the credits it amassed by cutting pollution at its New Jersey plant. TPI learned that DuPont was to be the seller only after the contract was signed. Shortly thereafter, New Jersey tightened its emissions regulations and reduced DuPont’s credit supply by almost half, making it impossible for DuPont to fulfill TPI’s order. TEMI and TPI sued DuPont. DuPont sued New Jersey, but inexplicably, it later withdrew the suit. The trial jury found that DuPont breached the contract, but it excused the breach for impracticability. The trial court entered judgment accordingly. TPI appealed to the Texas Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Brister, C.J.)
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