Spiritas Holdings, Inc. v. Darling-Delaware Co.

OPINION

FARRIS, Justice.

Darling-Delaware Company, Inc. (Darling) sued Spiritas Holdings, Inc. (Spiritas) to terminate an asset purchase agreement and to prevent Spiritas from interfering in its attempts to sell the assets covered by that agreement. After denying Spiritas’ special exceptions and its motions for summary judgment and to transfer venue, the trial court granted Darling’s motion for summary judgment.

On appeal, Spiritas claims the trial court erred in entering judgment for Darling because Darling breached the contract and a breaching party cannot terminate the agreement, and in…