“Look Showroom New” Is Not “Drive Like New”

The Court of Appeals has affirmed a judgment in favor of the plaintiff in a breach of contract case. Defendant Cody Murphy had taken his truck to Killer Ridez, Inc. and asked that they make his 1983 Chevy pickup “look showroom new.” When Murphy went to pick up the truck, the shop informed him of everything they had and had not done, noting in particular that they had followed Murphy’s instruction by not replacing the carburetor. As a result, the truck did not run well, and Murphy put a stop payment order on the final check he had issued to the shop. On appeal, Murphy challenged the evidence supporting the existence and validity of the parties’ contract, but that issue was negated by Murphy’s own pleading, which had specifically pleaded (and not in the alternative) the existence of a contract to restore the pickup. The Court also affirmed the trial court’s fact findings in support of the breach of contract claim, including the sufficiency of the evidence establishing that Killer Ridez had performed more $28,000 worth of work but was still owed approximately $6000 by Murphy.

Murphy v. Killer Ridez, Inc., No. 05-13-00035-CV