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12 Sep 2016, 6:01 am
This post examines a recentopinion from the Court of Appeals of Texas – Houston:  Bryant v. [read post]
20 Jan 2015, 8:41 am
NationsBank, 939 S.W.2d 118 (Tex. 1996), reh'g denied, 960 S.W.2d 619 (Tex 1997). [read post]
19 Apr 2012, 1:38 pm by WOLFGANG DEMINO
  Accordingly, we hold that the trial court erred by determining, as a matter of law, that the property subject to the sublease’s purchase option could not be identified with a reasonable certainty. [read post]
11 Jan 2012, 10:20 pm by WOLFGANG DEMINO
EXPRESS CONTRACT NORMALLY PRECLUDES RECOVERY UNDER ALTERNATIVE EQUITABLE THEORIES     Generally, when a valid, express contract covers the subject matter of the parties' dispute, there can be no recovery under a quasi-contract theory. [read post]
8 Feb 2020, 9:58 am by MOTP
Houston Red C LLC, Regular Cause No. 18-0228 by Bland (enforceability of liquidated damages clause) (14 pages 43 footnotes) OPINION OF THE HOUSTON COURT OF APPEALS BELOW 546 S.W.3d 305 (2017) ATRIUM MEDICAL CENTER, LP, and Texas Healthcare Alliance, LLC, Appellantsv.HOUSTON RED C LLC d/b/a ImageFirst Healthcare Laundry Specialists, Appellee. [read post]
1 May 2012, 8:16 pm by WOLFGANG DEMINO
Since arbitration is generally a matter of contract, the FAA requires courts to honor parties' expectations. [read post]
20 Oct 2006, 8:32 am
As an initial matter, we would like to apologize for our absence for the last month and a half. [read post]
8 Dec 2011, 1:10 pm by WOLFGANG DEMINO
The equitable remedy of quantum meruit is therefore unavailable when an express contract covers the subject matter at issue—the party seeking compensation has a legal remedy under the contract. [read post]
20 Apr 2020, 7:50 am by David Oscar Markus
State , 154 Tenn. 105, 289 S.W. 363, 367 (1927). [read post]
20 Nov 2011, 4:37 pm by WOLFGANG DEMINO
A trial court abuses its discretion as to factual matters when it acts unreasonably or arbitrarily. [read post]