A lawyer who listens Two days before a key legal hearing in September 2014, Ruth trudged into her newest lawyer’s office, leaning on a cane and carrying a framed photograph of her family. Leena had scraped together enough money to
New Dallas Court of Appeals Opinion: Beesley V. Hydrocarbon Separation, Inc. and McPeak
The Dallas Court of Appeals ruled today in Beesley V. Hydrocarbon Separation, Inc. and McPeak that: (1) suits must be brought against a corporation within 3 years of its dissolution; (2) McPeak is not relieved of a contract he signed
Texas Rules of Contract Construction and Interpretation
Contract Construction: Harmonize, and only if this is not possible, is there more than one reasonable interpretation of a contract such that a fact issue is created concerning the parties’ intent. Before extrinsic evidence (any oral or written evidence outside
Ambiguity as an Affirmative Defense
Ambiguity is an affirmative defense and must be specifically plead. See Gulf & Basco Co. v. Buchanan, 707 S.W.2d 655, 656 (Tex. App. – Houston [1st Dist.] 1986, writ refd, n.r.e.); see also, World Help v. Leisure Lifestyles, Inc., 977
Indefiniteness of Essential Term of Contract
A contract must result from a meeting of the minds of the parties in mutual assent to the terms, must be based upon a sufficient consideration, free from fraud or undue influence, not against public policy and sufficiently definite to
Fraud
Fraud is an affirmative defense under rule 94 of the Texas Rules of Civil Procedure. Tex. R. Civ. P. 94. Unless established as a matter of law, the burden is on the party asserting fraud not only to plead the
Unilateral Mistake
To establish the existence of a unilateral mistake, a party must show (1) the mistake was of so great consequence that to enforce the contract as made would be unconscionable; (2) the mistake relates to a material feature of the
Objective Intent and Harmonization
In construing a written contract, the court’s primary concern is to ascertain the parties’ true intentions as expressed in the instrument. Forbau v. Aetna Life Ins. Co., 876 S.W.2d 132, 133 (Tex. 1994); Coker v. Coker, 650 S.W.2d 391, 393
Mutual Mistake
A mutual mistake of fact occurs when the parties to a contract have a common intention, but the written contract erroneously reflects the intention due to a mistake on the part of both parties. Lacy v. Ticor Title Ins. Co.,
Integration and Parol Evidence
Absent pleading and proof of ambiguity, fraud, accident or mistake, a written instrument presumes that all prior agreements of the parties relating to the transaction have been merged into the written instrument and, therefore, that it is fully integrated. Weinacht