Cimco Refrigeration, Inc. v. Bartush-Schnitzius Foods Co.

MEMORANDUM OPINION 1

SUE WALKER, JUSTICE

I.Introduction

The primary issue we address in this appeal is whether a jury finding that a defendant’s breach of contract is not excused on the basis of a prior material breach by the plaintiff constitutes an implicit finding that the plaintiffs first-occurring breach was not a material breach and, therefore, renders immaterial the jury’s finding that the plaintiff breached first. 2 Because we answer this issue in the affirmative, we will reverse the trial court’s judgment and remand this case to the trial court for entry of a judgment that Appel-lee…