AZZ, Inc. v. Southeast Texas Industries, Inc.

Summary

The Ninth District Court of Appeals of Texas held that legally insufficient evidence supported the jury’s finding that AZZ, Inc. entered into the contract to galvanize Southeast Texas Industries’ pipe spools. The court reversed the trial court’s judgment awarding STI damages, attorney’s fees, interest, and other relief against AZZ, Inc., and rendered judgment that STI take nothing on its claims against that entity. The dispute centered on whether AZZ, Inc. or its Beaumont subsidiary and assumed-name entities were the contracting party.

Holdings

1. The evidence was legally insufficient to support the jury's finding that STI and AZZ, Inc. agreed that AZZ, Inc. would galvanize STI's pipe spools. The record showed, at most, evidence involving International Galvanizers or other AZZ-affiliated galvanizing entities, and the evidence did not support a reasonable inference that an agent authorized to bind AZZ, Inc. entered the agreement.
2. AZZ, Inc. did not waive its legal-sufficiency challenge because its issue, arguments, evidence, and citations fairly presented the question whether AZZ, Inc. was the entity that contracted for the Stage 3 galvanization work.

Questions Presented

1. Whether legally and factually sufficient evidence supported the jury's finding that STI and AZZ, Inc. entered into an agreement for AZZ, Inc. to galvanize STI's pipe spools.
2. Whether the appellate briefing waived AZZ, Inc.'s legal-sufficiency challenge by referring to a Stage 3 contract.
3. Whether the court needed to address AZZ, Inc.'s jury-charge and damages issues.

Disposition

reversed