CC Carpet v. Mark Loftus

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-98-00434-CV

CC Carpet, Appellant

v.

Mark Loftus, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

NO. 237,561, HONORABLE ORLINDA L. NARANJO, JUDGE PRESIDING

CC Carpet, a corporation, appeals from a summary judgment recovered by Mark Loftus. We will affirm the judgment.

THE CONTROVERSY

CC Carpet contracted with Loftus to install in his residence, for $4,300, some 840 pieces of maple flooring. CC Carpet installed the flooring and Loftus paid the contract price. He then discovered that some nineteen pieces were made of red oak, a kind…