Intec Systems, Inc. v. Lowrey

Intec Systems, Inc. d/b/a Computer Tech (Intec) appeals a bench trial judgment in a breach of contract suit awarding former sales representative John Lowrey (Lowrey) a portion of unpaid sales commissions. In eight issues, Intec argues the judgment is erroneous because Lowreys agreement was modified by unequivocal notice to and acceptance by Lowrey of the modification, which authorized the amount withheld; that Lowrey did not establish a contrary modification; and that the damage award is contrary to the evidence. In three responsive issues, Lowrey argues Intec did not meet its burden to prove contract modification; or alternatively, that Intec mischaracterizes the judgment because this is not a contract modification but simple contract breach case; and that the damage award is proper. Because the trial courts findings do not address the contract modification on which Intec relies and Intec did not request findings on that affirmative defense; because modification was not conclusively proven; and because the there is sufficient evidence to support the damage award, we affirm.