Chilton Insurance Co. v. Pate & Pate Enterprises, Inc.
930 S.W.2d 877 | Texas Court of Appeals, 4th District (San Antonio) | 1996
Holding Summary
A general contractor that judicially admits owing a subcontractor a specific credit amount and continues treating the contract as valid waives its right to claim the subcontractor's breach excuses non-payment.
Treating contract as continuing deprives non-breaching party of excuse for non-performance.
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