Court of Appeals of Texas, Third District, Austin
Austin Tapas, LP d/b/a Malaga Tapas & Bar, and Greg Schnurr, Appellants
Performance Food Group, Inc., Appellee
THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO.
C-1-CV-16-012359, THE HONORABLE ERIC SHEPPERD, JUDGE
Chief Justice Rose, Justices Kelly and Smith
ROSE, CHIEF JUSTICE
Austin Tapas, LP, d/b/a Malaga Tapas & Bar, and Greg
Schnurr appeal from the trial court's judgment in favor
of appellee Performance Food Group, Inc. (PFG) in its suit
for breach of contract. We will affirm the judgment.
Tapas, LP operated Malaga Tapas & Bar (since closed) in
downtown Austin. PFG supplied food products to Malaga from
July 2014 to early 2017. After Austin Tapas, LP failed to pay
invoices totaling $6, 795.75 for goods PFG had delivered to
Malaga, PFG filed a suit on a sworn account against Austin
Tapas, LP to recover the invoiced amounts. See Tex.
R. Civ. P. 185 (suit on account). PFG also sued Greg Schnurr,
alleging that he is the general partner of Austin Tapas, LP.
As support for its claim, PFG attached to its petition, and
later had admitted in evidence, a document titled
"Customer Account Application." The application
names the purchaser as having the "legal business
name" of "Austin Tapas, LLC," doing business
under the trade name of "Malaga Tapas & Bar."
The application is signed by Schnurr and identifies him as
the person "authorized to sign checks" and as
"Principal Owner or Officer" of Austin Tapas, LLC,
and lists his title as "General Partner."
response to PGF's suit, Austin Tapas, LP and Schnurr
filed an unsworn answer generally denying the allegations and
asserting various affirmative defenses, including that Austin
Tapas, LP was not a party to the Customer Account Application
because that document names "Austin Tapas, LLC" as
the purchaser not Austin Tapas, LP, and that Schnurr was not
individually liable for the debt because he was not a general
partner of Austin Tapas, LP.
bench trial, the trial court rendered judgment that Austin
Tapas, LP and Schnurr were jointly and severally liable to
PFG for $6, 795.75 plus interest and attorney fees. In
support of its judgment, the trial court made findings of
fact and conclusions of law including, among other matters
not at issue here, that:
1. . . . Defendant Greg Schnurr signed a contract titled
"CUSTOMER ACCOUNT APPLICATION" that identified
[Schnurr] as "General Partner" and "Authorized
Agent of Purchaser" and identified "Austin Tapas,
LLC" as "Applicant" and "Purchaser."
2. In fact, Defendant Schnurr served as General Partner of
and was employed as General Manager by Defendant Austin
Tapas, LP d/b/a Malaga Tapas & Bar
3. Defendant Austin Tapas, LP proceeded to accept from and
pay for goods and services provided by Plaintiff as
contemplated in the contract.
4. . . . Defendant Austin Tapas, LP defaulted on its payments
for goods and services it accepted from Plaintiff in the
amount of $6, 795..
5. . . . Austin Tapas, LP admitted accepting such goods and
services and to the amounts Plaintiff alleged were due and
on these findings, the trial court concluded that Schnurr was
liable to PFG "as general partner of Austin Tapas,
LP" and that Schnurr and Austin Tapas, LP were jointly
and severally liable to PFG for the damages awarded by ...