## Facts

- Printing Center of Texas, Inc. (Printing Center) agreed to print 5,000 books for Supermind Publishing Co. (Supermind).
- The parties’ agreement called for the books to be printed on white paper, and the sample book Printing Center showed Supermind when the deal was made had white pages.
- When Printing Center delivered the finished books, Supermind contended the pages were gray rather than white.
- Supermind also complained of additional quality problems in the delivered books, including off-center cover art, crooked and wrinkled pages, and inadequate perforation on a pull-out page.
- Supermind sued Printing Center seeking a refund of the deposit it had paid under the contract.
- The trial court found in favor of Supermind and awarded a refund of the deposit.
- Printing Center appealed from the judgment in Supermind’s favor.

## Issues

1. Whether the evidence supported the trial court’s finding that Printing Center failed to provide books that conformed to the contract specifications (including paper color and overall printing quality), entitling Supermind to recover its deposit.
2. Whether the agreement to produce printed books should be treated primarily as a contract for services rather than a sale of goods, affecting the legal framework used to evaluate the dispute.

## Decision

- The court affirmed the trial court’s judgment for Supermind.
- The court held that the agreement to print and produce the books was primarily a services transaction, even though it involved supplying paper and other materials.
- The court concluded the evidence supported the finding that the delivered books did not conform to the contract requirements and sample expectations (including the white-paper requirement and the complained-of production defects).
- Because Printing Center did not deliver what it contracted to provide, Supermind was entitled to recover its deposit.

## Legal Principles

- Whether a mixed transaction is governed as a sale of goods or as a services contract depends on the transaction’s main purpose; supplying materials incidental to performance does not necessarily convert the deal into a goods sale.
- A book-printing agreement is commonly characterized as service-based because the buyer is paying for printing and production work (layout/presswork/finishing), not simply purchasing off-the-shelf goods.
- A party that proves the other side delivered work that materially departs from agreed specifications (such as required paper color and acceptable production quality) may obtain restitutionary relief, including return of a deposit, consistent with contract remedies.
- Conformity may be shown by contract language, the sample used to induce the agreement, and testimony describing the delivered product’s deviations (e.g., gray pages, misaligned cover art, and defective perforation).

## Conclusion

Printing Center agreed to print 5,000 books on white paper consistent with the sample shown to Supermind, but Supermind received books with gray pages and other production defects. Treating the transaction as primarily a services contract and crediting evidence of nonconforming performance, the court affirmed the judgment awarding Supermind a refund of its deposit.


Printing Center of Texas, Inc. v. Supermind Publishing Co., 669 S.W.2d 779 (1984)