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ACCENT BUILDERS v. SOUTHWEST CONCRETE SYS.

No. 05-82-01478-CV.

679 S.W.2d 106 (1984)

ACCENT BUILDERS COMPANY, INC. and St. Paul Fire and Marine Insurance Company, Appellants, v. SOUTHWEST CONCRETE SYSTEMS, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 19, 1984.

Attorney(s) appearing for the Case

Eric W. Buether, Douglas A. Cawley, Johnson & Swanson, Dallas, for appellants.

Donald F. Hawbaker, Winstead, McGuire, Sechrest & Minick, Dallas, for appellee.

Before STOREY, SPARLING and GUILLOT, JJ.

STOREY, Justice.

Accent Builders Company, Inc., a general contractor, terminated its subcontract with Southwest Concrete Systems, Inc., relying on a provision in the subcontract which authorized termination for convenience, that is, without cause. Accent later announced to Southwest, and at trial asserted by way of defense, that the termination was for cause, that is, failure to perform in a good and workmanlike manner. The question presented on appeal is whether...

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