PRINTING CENTER OF TEXAS, INC. V. SUPERMIND PUBLISHING CO.
669 S.W. 2d 779 (1984)
NATURE OF THE CASE: This was a dispute over printed books. Printing Cender (D) appealed a
judgment, which awarded Supermind (P), publishing company refund of its deposit and
reasonable attorney's fees on the verdict of the jury, in P's action against D regarding a
written contract to print books.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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