Printing Center of Texas, Inc. v. Supermind Publishing Co. case
brief summary
669 S.W.2d 779 (Tex. App. 1984)
CASE FACTS
The trial court awarded appellee publishing company refund of its deposit and reasonable attorney's fees in an action against appellant printing corporation, under a written contract to print books. Appellee alleged that it rightfully rejected the books upon delivery under Tex. Bus. & Com. Code Ann. § 2.601, and that it had a right to cancel the contract and recover part of the purchase price paid. Appellant argued that the evidence did not support the finding that the books did not conform to the contract, and the judgment of the trial court was void because it could not award a judgment in excess of its jurisdictional limit.
DISCUSSION
The court affirmed the judgment favoring appellee publishing company. The court held that there was evidence to support the finding that the books did not conform to the contract. The court also held that appellant printing corporation waived its contention regarding the trial court's judgment being void because it failed to plead and prove the alleged fraudulence of appellee's allegations to the trial court.
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669 S.W.2d 779 (Tex. App. 1984)
CASE SYNOPSIS
Appellant printing corporation sought
review of a judgment of the County Civil Court at Law Number Two of
Harris County (Texas), which awarded appellee publishing company
refund of its deposit and reasonable attorney's fees on the verdict
of the jury, in its action against appellant regarding a written
contract to print books.CASE FACTS
The trial court awarded appellee publishing company refund of its deposit and reasonable attorney's fees in an action against appellant printing corporation, under a written contract to print books. Appellee alleged that it rightfully rejected the books upon delivery under Tex. Bus. & Com. Code Ann. § 2.601, and that it had a right to cancel the contract and recover part of the purchase price paid. Appellant argued that the evidence did not support the finding that the books did not conform to the contract, and the judgment of the trial court was void because it could not award a judgment in excess of its jurisdictional limit.
DISCUSSION
- On appeal, the court affirmed the judgment, holding that there was evidence to support the finding that the books did not conform to the contract because of off-center art, crooked and wrinkled pages, and inadequate perforation.
- The court held that appellant failed to prove that appellee rejected the books in bad faith.
- The court held that appellant waived its contention regarding the trial court's judgment being void because it failed to plead and prove the alleged fraudulence of appellee's allegations to the trial court.
The court affirmed the judgment favoring appellee publishing company. The court held that there was evidence to support the finding that the books did not conform to the contract. The court also held that appellant printing corporation waived its contention regarding the trial court's judgment being void because it failed to plead and prove the alleged fraudulence of appellee's allegations to the trial court.
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