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11 Aug 2011, 11:00 am
Riner, 867 S.W.2d 58, 62 (Tex. [read post]
10 Aug 2011, 11:36 pm
But when it is clear that the parties intended that time be of the essence, the failure to timely perform can be a material breach as a matter of law. [read post]
10 Aug 2011, 11:25 pm
Because waiver is largely a matter of intent, it will not be implied absent a clear intent expressed in words, acts, or conduct. [read post]
10 Aug 2011, 3:41 pm
Courts construe contracts as a matter of law, and we review their rulings de novo. [read post]
9 Aug 2011, 4:52 pm
See Brownlee, 665 S.W.2d at 112; Anglo-Dutch Petroleum Int’l, Inc., 193 S.W.3d at 95. [read post]
8 Aug 2011, 6:58 pm
Lenz, 79 S.W.3d 10 at 11. [read post]
4 Aug 2011, 12:21 pm
As a general rule, matters involving specialized or technical knowledge require expert testimony. [read post]
3 Aug 2011, 2:10 pm
Yost, 502 S.W.2d 681, 685 (Tex. 1973); Tex. [read post]
3 Aug 2011, 2:10 pm
Yost, 502 S.W.2d 681, 685 (Tex. 1973); Tex. [read post]
2 Aug 2011, 3:55 pm
Whether enforcement of contract terms via summary judgment is appropriate depends on whether the contract is unambiguous or ambiguous, and whether consequently it can be construed as a matter of law. [read post]
2 Aug 2011, 1:36 am
Conn, 741 S.W.2d 536 (Tex. [read post]
1 Aug 2011, 5:52 pm
Sounding a cautionary note, Houston Court of Appeals explains: The mere occurrence of a rear-end collision is not of itself evidence of negligence as a matter of law. [read post]
1 Aug 2011, 4:28 pm
[ Defendant ] cited cases supporting its proposition that "before tort damages accrue from a contractual matter, liability must arise independent of the fact that a contract exists between the parties. [read post]
29 Jul 2011, 10:09 am
It matters not from whom the consideration moves or to whom it goes. [read post]
28 Jul 2011, 11:58 am
., 105 S.W.3d 244, 254 (Tex. [read post]
28 Jul 2011, 11:19 am
Havner, 953 S.W.2d 706 (Tex. 1997). [read post]
25 Jul 2011, 1:23 pm
Immunity from suit defeats a trial court’s subject matter jurisdiction and is properly asserted in a plea to the jurisdiction. [read post]
25 Jul 2011, 11:59 am
See Whitley, 104 S.W.3d at 542; see also Ferguson, 97 S.W.3d at 223. [read post]
25 Jul 2011, 11:17 am
State Farm Lloyds, 202 S.W.3d 744 (Tex. 2006).Chinese Drywall: CHINESE DRYWALL-RELATED LOSS NOT AN 'ACCIDENT' FOR COVERAGE PURPOSES, Lopez v. [read post]
24 Jul 2011, 4:48 pm
Carr, 242 S.W.2d 224 (Tex. [read post]
