Eco Built, Inc. and Ed Travis v. Mark Lulfs D/B/A Paperhanger Plus Landmark Organization, L.P. And California Wholesale Material Supply, Inc. D/B/A Calply
Texas Court of Appeals, 3rd District (Austin) | 2010
Holding Summary
When a non-breaching party elects to continue performance under a contract despite the other party's material breach, the breaching party's prior breach does not excuse the non-breaching party's payment obligations, and both parties' breaches can support damages claims.
Landmark was not discharged by virtue of Eco Built's material breach from any payment obligations to Eco Built that accrued under the subcontract prior to termination.
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