S.K.Y. Inv. Corp. v. H.E. Butt Grocery Co

In S.K.Y. Inv. Corp. v. H.E. Butt Grocery Co., 440 S.W.2d 885 (Tex. Civ. App.--Corpus Christi 1969, no writ), the plaintiff was a corporation that was planning to construct a shopping center and lease retail space to tenants. Before construction of the shopping center began, the corporation entered into a lease agreement with H.E.B. Id. at 887. The lease agreement gave H.E.B. the option to cancel and terminate the lease if construction on the shopping center did not begin by September 1, 1967. Id. When construction did not begin by September 1, 1967, H.E.B. exercised its option to cancel and terminate the lease. Id. Subsequently, the corporation sued H.E.B. for breach of contract. Id. at 887-88. H.E.B. moved for summary judgment on the basis that construction did not begin by September 1, 1967. Id. at 888-89. The corporation countered that its failure to begin construction was caused by H.E.B.'s failure to meet two of its contractual obligations, namely H.E.B.'s failure to provide interior design requirements to the architect, and H.E.B.'s failure to provide certain financial information. Id. at 889-90. In other words, the corporation maintained that its performance under the contract was prevented, or made impossible, by H.E.B.'s failure to perform. See id. The appellate court determined the contract did not require H.E.B. to provide the information in question, and therefore, summary judgment against the corporation was proper. Id. at 892.