Sheshunoff & Co., Inc. v. Scholl, 564 S.W.2d 697 (Tex. 1978). · Go Syfert
Sheshunoff & Co., Inc. v. Scholl, 564 S.W.2d 697 (Tex. 1978). Cases Citing This Book View Copy Cite
21 citation events (9 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) Valentin D. Ochoa v. Interbrew America, Inc.
2d Cir. · 1993 · confidence medium
See Greater Fort Worth & Tarrant County Community Action Agency v. Mims, 627 S.W.2d 149, 151 (Tex.1982); Sheshunoff & Co. v. Scholl, 564 S.W.2d 697, 698 (Tex. 1978) (per curiam).
cited Cited as authority (rule) Fort Worth Mortgage Corp. v. Abercrombie
Tex. App. · 1992 · confidence medium
Sheshunoff & Co. v. Scholl, 564 S.W.2d 697, 698 (Tex.1978); Taylor Pub.
discussed Cited "see" A.H.D. Houston, Inc. D/B/A Centerfolds; Dwg Fm Inc. D/B/A Splendor; D. Houston Inc. D/B/A Treasures; A.H.D. Houston, Inc. D/B/A Centerfolds; And W.L. York, Inc. D/B/A Cover Girls, Incorrectly Named as A.H.D.Houston, Inc. D/B/A Centerfolds; Dwg Fm Inc.,d/B/A Splendor; D. Texas Investments, Inc. D/B/A Treasures; A.H.D. Houston, Inc. D/B/A Treasures; And W.L. York, Inc. D/B/A Treasures v. Jaime Middleton; Cora Skinner; Jamillette Gaxiola, Jennifer Zharinova; Jessica Hinton; Lina Posada; Lucy Pinder; Paola Canas; Sandra Valencia; Tiffany Toth;Cielo Jean Gibson; Maysa Qui; Elizabeth Turner; Emily Sears; Gemma Lee Farrell and Jaclyn Swedberg
txctapp1 · 2025 · signal: see · confidence high
“Tort actions almost always involve unliquidated damages.” Kennedy v. Aattaboy Termite & Pest Control, Inc., No. 09- 19-00109-CV, 2021 WL 1567225 , at *3 (Tex. App.—Beaumont Apr. 22, 2021, no pet.) (mem. op.). “[B]ecause there is no way to quantify the value of unliquidated damages as a matter of law, an award of such damages necessarily must be decided by the trier of fact rather than summary judgment.” Okorafor, 2010 WL 1343125 , at *3 (citing Rivera v. White, 234 S.W.3d 802, 806 (Tex. App.—Texarkana 2007, no pet.) (“Summary judgment is rarely appropriate when the issue is inhe…
cited Cited "see" In the Interest of Gonzalez
Tex. App. · 1999 · signal: see · confidence high
See Sheshunoff & Co. v. Scholl, 564 S.W.2d 697, 698 (Tex.1978).
discussed Cited "see, e.g." Plainscapital Bank v. William Martin (2×)
Tex. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Sheshunoff & Co. v. Scholl, 564 S.W.2d 697, 698 (Tex. 1978) (holding that an award of future salary payments “should have been discounted to its present value at the legal rate of interest”); Republic Bankers Life Ins.
discussed Cited "see, e.g." Martin, William v. PlainsCapital Bank
Tex. App. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Sheshunoff & Co. v. Scholl, 564 S.W.2d 697, 698 (Tex. 1978) (holding that an award of future salary payments “should have been discounted to its present value at the legal rate of interest”); Republic Bankers Life Ins.
Retrieving the full opinion text from the archive…
SHESHUNOFF AND COMPANY, INC., Petitioner,
v.
Tom SCHOLL, Respondent
B-7221.
Texas Supreme Court.
Apr 12, 1978.
564 S.W.2d 697
John H. Holloway, Houston, for petitioner., Don W. Graul, Houston, for respondent.
Per Curiam.
Cited by 21 opinions  |  Published
PER CURIAM.

This is a suit involving the breach of an employment contract prior to the expiration of the period of employment. Sheshunoff & Co., Inc., through its president, entered into a written employment agreement with Tom Scholl. The agreement provided that Scholl was to be compensated at the rate of $2000 each month for a period of five years beginning on June 15, 1976. This compensation rate was based on part-time employment. The agreement further provided that in December, 1976, an evaluation would be made concerning the possibility of[*698] full-time employment with a salary of $4000 per month. On August 9, 1976, Scholl’s employment was terminated. He had received only one month’s compensation at that time.

Scholl filed suit for breach of the employment contract. Sheshunoff, although duly served, neither answered nor appeared. The trial judge held that the cause of action was liquidated and granted Scholl a default judgment of $118,000. This amount was apparently computed by multiplying the portion of the contract unpaid, 59 months, by the monthly compensation, $2000.

Sheshunoff, by way of writ of error, sought to have the default judgment set aside. The court of civil appeals denied the writ of error. 560 S.W.2d 113. With reference to the damages involved, the court stated that “[t]he measure of damages was the present value of the contract if it had not been breached, a sum that is calculated by determining the amount that would have been earned and discounting it.” 560 S.W.2d at 115, citing Dixie Glass Co. v. Poliak, 341 S.W.2d 530 (Tex.Civ.App.—Houston 1960), writ ref’d n. r. e. per curiam, 162 Tex. 440, 347 S.W.2d 596 (1961). The court of civil appeals in Dixie Glass Co. v. Poliak stated that any future amounts recovered as salary should be discounted to its present worth based on the unexpired term of the contract at the date of the judgment, relying on the case of Pollack v. Pollack, 39 S.W.2d 853 (Tex.Comm’n App. 1931, holdings approved). See also Mr. Eddie, Inc. v. Ginsberg, 430 S.W.2d 5 (Tex.Civ.App.—Eastland 1968, writ ref’d n. r. e.); Mayhew v. Vanway, 371 S.W.2d 90 (Tex.Civ.App.—Houston 1963, no writ). After noting the above rule, the court of civil appeals failed to apply it to the facts of this case.

The opinion of the court of civil appeals conflicts with Republic Bankers Life Insurance Co. v. Jaeger, 551 S.W.2d 30 (Tex.1976); Universal Life & Accident Ins. Co. v. Sanders, 129 Tex. 344, 102 S.W.2d 405 (Tex.1937); and Pollack v. Pollack, supra, with respect to the computation of damages in this case. Scholl was paid one month’s salary. At the time of the judgment on January 14, 1977, he had accrued six months’ salary. He was thus entitled to recover the full value of the salary covering that six-month period plus interest. Furthermore, the remaining unaccrued salary for 53 months should have been discounted to its present value at the legal rate of interest. Therefore, it is obvious that the trial court incorrectly computed the measure of damages in this case when it arrived at a gross amount of $118,000 by using the method previously mentioned.

Accordingly, under Rule 483 of the Texas Rules of Civil Procedure, after granting the application for writ of error and without hearing oral argument, the judgment of the court of civil appeals is reversed and the cause remanded to the district court in order that damages may be awarded in accordance with this opinion.