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C. A. Walker, Inc. v. Total Roofing Services, Inc.

The extrinsic evidence admitted at trial showed that appellee intended its bid to cover only those composite metal panels related to the roofing system and that the break-out of its bid indicated that it did not intend to supply the composite metal panels to be used on the building's exterior walls and parapets. Accordingly, the trial court did not err in impliedly finding that the parties intended that their contract would not include composite metal panels unrelated to the roof's construction within its scope, and therefore did not err in concluding that appellee did not breach the contract. Austin Court of Appeals, No. 03-08-00175-CV, 04-13-2010

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MEMORANDUM OPINION

Appellee Total Roofing Services, Inc. (“TRS”) filed suit against appellant C. A. Walker, Inc. (“Walker”) for breach of a construction contract. After a bench trial, the trial court awarded TRS $5,957.75 in damages, plus attorney’s fees. Walker appeals, arguing that the trial court erred in failing to find that TRS committed a prior material breach of the contract and in calculating the award of damages in favor of TRS. We will modify the judgment of the trial court and affirm as modified.

FACTUAL AND PROCEDURAL BACKGROUND

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