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Contracts Keyed to Templin
O. W. Grun Roofing & Construction Co. v. Cope
Citation:
529 S.W.2d 258 (Tex. Civ. App. 1975)Facts
Mrs. Cope contracted with O. W. Grun Roofing & Construction Co. to install a new roof on her home for $648.00. The contract specified “russet glow” shingles, which the defendant defined as a “brown varied color,” and required a uniform appearance. After installation, the plaintiff noticed yellow streaks on the roof due to color variations in the shingles. The defendant attempted to remedy the situation by replacing some non-conforming shingles on the northern and eastern sides of the roof, but left the southern side with visible streaks. Despite the defendant’s partial repairs, the roof continued to have a patched appearance rather than a uniform new roof appearance. Expert testimony indicated that the color disparity would normally disappear after about a year, but nine to ten months had passed with no improvement. Evidence suggested that achieving a uniform color would require installing a completely new roof.
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