[Download] "Accent Builders Company v. Southwest Concrete Systems" by Fifth District, Dallas Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Accent Builders Company v. Southwest Concrete Systems
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 28, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Accent Builders Company, Inc., a general contractor, terminated its subcontract with Southwest Concrete Systems, Inc., relying on a provision in the subcontract which authorized termination for convenience, that is, without cause. Accent later announced to Southwest, and at trial asserted by way of defense, that the termination was for cause, that is, failure to perform in a good and workmanlike manner. The question presented on appeal is whether Accent is bound by and limited to its first announced reason for the termination. We hold that it is not so limited, and consequently, that the part of the case dealing with this issue was erroneously submitted. We hold further that Southwests conversion claim against Accent was fully developed and properly submitted. We therefore reverse and remand in part and affirm in part.