Tractebel Energy Marketing, Inc. v. E.I. Du Pont De Nemours & Co.

OPINION

SCOTT BRISTER, Chief Justice.

Tractebel Energy Marketing, Inc. (“TEMI”) and Tractebel Power, Inc. (“Tpi”) appeai from an adverse judgment in their breach of contract action against E.I. DuPont de Nemours and Company. A jury found DuPont breached the contract and caused TPI damages of $1.2 million, but excused the breach due to commercial impracticability. However, the definition of impracticability given to the jury excluded two critical elements, neither of which was supported by any evidence at trial. Finding no evidence to support the only issue found in DuPont’s favor, we reverse…