General Supply and Equipment Co., Inc. v. Phillips

490 S.W.2d 913, 12 U.C.C. Rep. Serv. (West) 35, 1972 Tex. App. LEXIS 2104
CourtCourt of Appeals of Texas
DecidedDecember 28, 1972
Docket650
StatusPublished
Cited by77 cases

This text of 490 S.W.2d 913 (General Supply and Equipment Co., Inc. v. Phillips) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
General Supply and Equipment Co., Inc. v. Phillips, 490 S.W.2d 913, 12 U.C.C. Rep. Serv. (West) 35, 1972 Tex. App. LEXIS 2104 (Tex. Ct. App. 1972).

Opinions

MOORE, Justice.

Appellee, Harry S. Phillips, brought this suit for damages against appellant, General Supply and Equipment Company, Inc., for breach of express warranty; breach of implied warranty of fitness for a particular purpose; and breach of implied warranty of merchantability relating to certain plastic paneling, called “P.V.C. paneling,” sold by General Supply and Equipment Company, Inc., to Harry S. Phillips for roofing ímaterial to cover four greenhouses. Ap-¡pellee alleged that the paneling was warranted to last for a period of five to seven years; that within three years after sale paneling darkened to such an extent that sunlight in sufficient quantities could not enter into the greenhouses, resulting in the loss of plants as well as the destruction of Phillip’s greenhouse business. Appellant denied the allegations generally and alleged that if any warranty existed the warranty was excluded or modified either expressly or by the course of dealing between the parties. Trial was before a jury. In response to the special issues, the jury found that an express warranty, an implied warranty of fitness for a particular purpose, and an implied warranty of merchantability were made by appellant, and that there was a breach of such warranties proximately resulting in damages to appellee. The trial court rendered judgment on the verdict awarding appellee damages in the sum of $176,067.53. Appellant duly perfected this appeal.

The jury, in response to the special issues, made the following findings: (1) that General Supply and Equipment Co. made an affirmation of fact and promise to plaintiff relating to the goods; (2) that such became a part of the basis of the agreement; (3) that plaintiff relied upon representations of defendant in making the purchase; (4) that the goods sold to plain[916]*916tiff failed to comply with affirmations and promises made by defendant; (5) that because of such failure plaintiff was injured; (6) such failure was proximate cause of the injury suffered by plaintiff; (7) that the goods sold failed to meet certain enumerated requirements as to merchantability; (8) that plaintiff was financially injured because of such failure; (9) that such failure was the proximate cause of financial injury suffered by plaintiff; (10) that plaintiff purchased the goods to be used for purpose of covering his greenhouse; (11) that defendant knew or should have known of the particular purpose for which plaintiff purchased the goods; (12) that defendant knew or should have known plaintiff was relying on defendant’s skill or judgment to furnish suitable goods; (13) that plaintiff purchased the goods in reliance on defendant’s judgment or skill to furnish suitable goods; (14) that such goods were not suitable for their intended use or purpose; (IS) that because of unsuitability of goods plaintiff suffered financial injury; (16) that the unsuitability of goods was proximate cause of plaintiff’s injury; (17) that the statement and representations were not merely affirmations of the value of the goods, or statements of opinion or commendation of the goods; (18) that the cash market value of the greenhouses immediately prior to the sale of said greenhouses, had the P.V.C. paneling been fit for its intended use was $85,000.00; (19) that the cash market value of the greenhouses at the time of the sale of the said greenhouses as they existed at the time of their sale was $12,678.00. Special Issue No. 20, together with the jury’s answers was as follows: What sum of money, if paid in cash, would fairly and reasonably compensate plaintiff for his financial injury resulting to him from his purchase of the paneling, (a) installation of P.V.C. panels, $16,305; (b) replacement of P.V.C. panels, $10,385.00; and (c) actual business loss, including loss of profits, $145,322.00.

Appellant, General Supply and Equipment Company, Inc., was engaged in the business of selling greenhouse covering products, known as P.V.C. panels or polyvinyl-chloride. Appellee, Harry S. Phillips, owned and operated four large greenhouses in Smith County, Texas, and was engaged in the business of growing and selling plants, but was principally in the business of growing “mums” (chrysanthemum). The appellant mailed out certain advertising material to greenhouse owners to promote sales of its P.V.C. paneling product. The advertising material invited inquiries concerning P.V.C. paneling. Phillips received some of the material containing the following statements:

“How are you planning to cover your plants this year . . . with single season polyethylene . . . two or three season P.V.C. soft ag film . or five to seven year rigid corrugated PVC panels?" (Emphasis supplied.)
“Finest Quality — Import PVC Rigid Plastic Panels from World-Famous Mitsubishi, 1J4" and 21/2" Corrugations, 26", 28" wide x 8', 10', 12' long. Tests show ¡no deteriaration (sic) in 5 years of normal use.” (Emphasis supplied.)
“Because of the tremendous increase in the use of P.V.C. Panels and Film, and the uncertainty of shipping schedules in the Far East, we must know your requirements for summer and fall construction now to guarantee delivery. From Japan ... a land where floral and agricultural growing skills are legendary . . . comes a modern material that meets all requirements of greenhouse construction . . . perfectly. Light in weight, easy to handle, easy to work. It’s tough and virtually indestructible; provides maximum protection. And its light stability is exceptional. It zvon’t turn black or discolor . . . even after years of exposure.” (Emphasis supplied.)

[917]*917Another advertisement from the appellant stated its P.V.C. paneling would “not burn, rot, rust or mildew.”

After numerous conversations, a representative of appellant traveled to appellee’s place of business offering construction and operation suggestions and thereafter appel-lee purchased the P.V.C. paneling. It is undisputed that the paneling darkened and turned black within a period of approximately two years after it was installed on the greenhouses. As a result the ’mums failed to grow and the blooms failed to mature, thereby causing appellee substantial damages.

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Bluebook (online)
490 S.W.2d 913, 12 U.C.C. Rep. Serv. (West) 35, 1972 Tex. App. LEXIS 2104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-supply-and-equipment-co-inc-v-phillips-texapp-1972.