Bacchus Industries, Inc. v. Frontier Mechanical Contractors

OPINION

BARAJAS, Chief Justice.

This is an appeal from a judgment following a bench trial in a breach of contract cause of action initiated by Bacchus Industries, Inc., (“Bacchus”), for the recovery of money withheld from payment. Frontier Mechanical Contractors from El Paso, (“Frontier”), filed a counterclaim for damages associated with the delivery of non-conforming goods. The trial court awarded Frontier $21,088.96 for breach of contract (60% of the amount Frontier withheld from payment), plus $54,650.55 in attorneys’ fees, minus an offset of $35,-148.27 — the amount Frontier withheld from…