Cal-Tex Lumber Co., Inc. v. Owens Handle Co., Inc.
Owens Handle Company, Inc. (Owens Co.) sued Cal-Tex Lumber Company, Inc. (Cal-Tex) for breach of contract and violation of the Texas Deceptive Trade Practices Act (DTPA). A jury awarded Owens Co. damages for breach of contract, which Cal-Tex appealed. The appellate court affirmed that Owens Co.'s duty to provide insurance was not a condition precedent to Cal-Tex's site preparation duties and dismissed Cal-Tex's waiver argument regarding prior breaches. However, the court found the evidence legally insufficient to support the full lump-sum damages awarded for lost profits, specifically beyond the first year of the contract. Consequently, the trial court's judgment was reversed, and the cause was remanded for a new trial to recalculate damages.