Printing Center Of Texas, Inc. v. Supermind Publishing Co.

669 S.W. 2d 779 (1984)

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Nature of the Case

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Facts

Supermind (P) sued Printing Center (D) for a refund of a deposit made under a written contract to print books. The type of paper specified in the contract was thirty-pound white newsprint, and the books tendered for delivery were not the same color as the sample. The pages of the book were gray while the sample was white. In addition, there were off center cover art, crooked pages, wrinkled pages, and inadequate perforations on a pull out page. These items were not covered in the contract, and there was no evidence of trade to supplement the terms of the contract, but D knew that P wanted to sell the books to the public. The trial court found that the UCC applied to the contract and found for P and awarded him the refund and attorney fees. D appealed.