Atkinson v. Jackson Bros
In Atkinson v. Jackson Bros., 270 S.W. 848 (Tex. 1925), the Texas Supreme Court held that in order to recover on its breach-of-contract claim, a "contractor must have in good faith intended to comply with the contract" and any defects could not be "pervasive" or "a deviation from the general plan contemplated for the work." Id. at 851.
However, in Atkinson, the defendant's only breach was a failure to fully pay for lumber and materials that the plaintiff had already acquired for the job. Id. at 848-49.