Hewlett-Packard Co. v. Benchmark Electronics, Inc.

OPINION

JOHN S. ANDERSON, Justice.

Appellant, Hewlett-Packard Company, appeals from a final judgment based on two summary judgments granted in favor of appellee Benchmark Electronics, Inc. Concluding the summary judgment proof does not conclusively establish limitations bars Hewlett-Packard’s breach of contract claim, but does conclusively establish limitations bars Hewlett-Packard’s claim for money had and received, we reverse and remand in part and affirm in part.

FACTUAL AND PROCEDURAL BACKGROUND

In May 1995, Hewlett-Packard’s predecessor, Compaq Computer Corporation, as Buyer, entered into a…