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TRACTEBEL ENERGY v. E.I. DU PONT DE NEMOURS

No. 14-02-00406-CV.

118 S.W.3d 60 (2003)

TRACTEBEL ENERGY MARKETING, INC. and Tractebel Power, Inc., Appellants, v. E.I. DU PONT DE NEMOURS AND COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 14, 2003.

Attorney(s) appearing for the Case

Laura Rowe, Houston, for appellants.

Charles T. Miers, John M. Ribarits, Houston, for appellee.

Panel consists of Chief Justice BRISTER and Justices FOWLER and FROST.

OPINION

SCOTT BRISTER, Chief Justice.

Tractebel Energy Marketing, Inc. ("TEMI") and Tractebel Power, Inc. ("TPI") appeal from an adverse judgment in their breach of contract action against E.I. DuPont de Nemours and Company. A jury found DuPont breached the contract and caused TPI damages of $1.2 million, but excused the breach due to commercial impracticability. However, the definition of impracticability given to the jury excluded two critical elements...

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