Emerson Electric Co. v. American Permanent Ware Co.

OPINION

Opinion by

Justice FRANCIS.

This appeal arises out of a dispute between American Permanent Ware Co. (APW) and Emerson Electric Co. d/b/a Chromalox over the design and manufacture of heating elements for a bagel toaster. A jury found Emerson liable on APW’s claims for breach of contract and breach of express and implied warranties and awarded more than $2.1 million in damages. The trial court rendered judgment on the jury’s verdict and also awarded attorney’s fees as well as pre- and post-judgment interest.

In sixteen issues, Emerson challenges the liability findings, the trial court’s…