Asai v. Vanco Insulation Abatement, Inc.

OPINION

BARAJAS, Chief Justice.

This is an appeal from a trial court judgment in favor of Appellee. Appellee sued Appellant for breach of contract in payment of the sales price of a vacuum used for picking up asbestos. We affirm in part, modify in part, and reverse and remand in part.

I. SUMMARY OF THE EVIDENCE

In the summer of 1993, Appellant, an asbestos removal company, learned that Appel-lee, also an asbestos removal company, owned and desired to sell a used vacuum designed to pick up large pieces of loose asbestos, dirt, rocks, roofing gravel, and other items. Although Appellant’s employee…