Printing Center of Texas, Inc. v. Supermind Pub. Co.
Court of Appeals of Texas 669 S.W.2d 779 (Tex. App. 1984)
Supermind ordered 5,000 books from the Printing Center. The contract required white paper, which was the same color as the sample they were shown. However, the pages were gray. Other nonconformities were off-center cover art, and crooked and wrinkled pages.
- Supermind rejected the books and sued for a refund of their deposit.
- Good v. Service: Think about the level of specifications.
The trial court ruled in favor of Supermind.
Whether Supermind had a right to reject the books.
Substantial performance does NOT apply in sale of goods cases!
UCC’s so called “Perfect Tender Rule”: A buyer, acting in good faith, has the privilege to reject goods under a sale of goods contract (other than an installment contract) if the goods or the tender of delivery fail in any respect to conform to the contract, and also has the power to cancel the contract if the seller cannot or does not exercise his or her power to cure.
- The terms of a contract may be explained and supplemented through evidence of trade usage, but cannot be used to contradict an express term.
- In this case, only the paper color was specified in the K – none of the other matters were addressed (cover art, wrinkled pages, etc.)
- Although Supermind never presented evidence of trade usage in this regard, the court however found it implied in the contract that the books be commercially acceptable and appealing to the public.
Prof: Good faith is one exception to the perfect tender rule.