successful breach of contract claim (Texas) · Go Syfert
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successful breach of contract claim in Texas

20 Texas opinions name it 2 courts 2008–2024 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Petras v. Criswellgreen
texapp · 2008 · cited in 8 Texas opinions naming this issue, 2008–2024
2 sentences

2024“A successful breach of contract claim requires proof of the following elements: (1) a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of that breach.” Petras v. Criswell, 248 S.W.3d 471, 477 (Tex. App.—Dallas 2008, no pet.).

2024Contract issues A. No-evidence motion on performance, breach, and damages “A successful breach of contract claim requires proof of the following elements: (1) a valid contract; (2) performance or tendered performance by the –7– plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of that breach.” Petras v. Criswell, 248 S.W.3d 471, 477 (Tex. App.—Dallas 2008, no pet.).

88
M7 CAPITAL LLC v. Millergreen
texapp · 2010 · cited in 4 Texas opinions naming this issue, 2015–2019
2 sentences

2015Operating Corp., 327 S.W.3d 104, 108 (Tex. 2010). 4 See id. 5 See id. at 109 (noting that the terms “if,” “provided that,” “on condition that,” or similar language is used to make performance conditional); Hirschfield Steel Co., Inc. v. Kellogg Brown & Root, Inc., 201 S.W.3d 272, 281 (Tex. App.—Houston [14th Dist.] 2006, no pet.) (same). 6 See id.; M7 Capital LLC v. Miller, 312 S.W.3d 214, 220 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (holding that a successful breach-of-contract claim requires proof of a (1) valid contract, (2) performance or tendered performance by the plaintiff, (3

2015See id., M7 Capital LLC v. Miller, 312 S.W.3d 214, 220 (Tex.App.-Houston [14th Dist.] 2010, pet. denied) (holding that a successful breach-of-contract claim requires proof of a(l) valid contract, (2) performance or tendered performance by the plaintiff, (3) breach of contract by the defendant, and (4) damages sustained by the plaintiff). .

44
Sharifi v. Steen Automotive, LLCgreen
texapp · 2012 · cited in 2 Texas opinions naming this issue, 2016–2019
2 sentences

2019The parties’ motions for summary judgment on Global Supply’s breach of contract claim “‘A successful breach of contract claim requires proof of the following elements: (1) a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of the breach.’” Sharifi v. Steen Auto., LLC, 370 S.W.3d 126, 140 (Tex. App.—Dallas 2012, no pet.) (quoting Petras v. Criswell, 248 S.W.3d 471, 477 (Tex. App.—Dallas 2008, no pet.)).

2016See Transitional Entity LP v. Elder Care LP, No. 05-14-01615-CV, 2016 WL 3197160 , at *6 (Tex. App.—Dallas May 27, 2016, no pet.) (mem. op.); Sharifi v. Steen Auto., LLC, 370 S.W.3d 126, 140 (Tex. App.—Dallas 2012, no pet.).

22
Hirschfeld Steel Co. v. Kellogg Brown & Root, Inc.green
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Operating Corp., 327 S.W.3d 104, 108 (Tex. 2010). 4 See id. 5 See id. at 109 (noting that the terms “if,” “provided that,” “on condition that,” or similar language is used to make performance conditional); Hirschfield Steel Co., Inc. v. Kellogg Brown & Root, Inc., 201 S.W.3d 272, 281 (Tex. App.—Houston [14th Dist.] 2006, no pet.) (same). 6 See id.; M7 Capital LLC v. Miller, 312 S.W.3d 214, 220 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (holding that a successful breach-of-contract claim requires proof of a (1) valid contract, (2) performance or tendered performance by the plaintiff, (3

2015See id., M7 Capital LLC v. Miller, 312 S.W.3d 214, 220 (Tex.App.-Houston [14th Dist.] 2010, pet. denied) (holding that a successful breach-of-contract claim requires proof of a(l) valid contract, (2) performance or tendered performance by the plaintiff, (3) breach of contract by the defendant, and (4) damages sustained by the plaintiff). .

22
Grynberg v. Grey Wolf Drilling Co. L.P.green
texapp · 2009 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010Grynberg v. Grey Wolf Drilling Co., L.P., 296 S.W.3d 132, 136 (Tex.App.-Houston [14th Dist.] 2009, no pet.).

2010Grynberg v. Grey Wolf Drilling Co., L.P. , 296 S.W.3d 132, 136 (Tex. App.—Houston [14th Dist.] 2009, no pet.).

22
B & W SUPPLY, INC. v. Beckmangreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018B & W Supply, Inc. v. Beckman, 305 S.W.3d 10, 16 (Tex. App.—Houston [1st Dist.] 2009, pet. denied); Winchek v. Am.

11
Solar Applications Engineering, Inc. v. T.A. Operating Corp.green
tex · 2010 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015Operating Corp., 327 S.W.3d 104, 108 (Tex. 2010). 4 See id. 5 See id. at 109 (noting that the terms “if,” “provided that,” “on condition that,” or similar language is used to make performance conditional); Hirschfield Steel Co., Inc. v. Kellogg Brown & Root, Inc., 201 S.W.3d 272, 281 (Tex. App.—Houston [14th Dist.] 2006, no pet.) (same). 6 See id.; M7 Capital LLC v. Miller, 312 S.W.3d 214, 220 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (holding that a successful breach-of-contract claim requires proof of a (1) valid contract, (2) performance or tendered performance by the plaintiff, (3

2015Operating Corp., 327 S.W.3d 104, 108 (Tex. 2010). 4 See id. 5 See id. at 109 (noting that the terms “if,” “provided that,” “on condition that,” or similar language is used to make performance conditional); Hirschfield Steel Co., Inc. v. Kellogg Brown & Root, Inc., 201 S.W.3d 272, 281 (Tex. App.—Houston [14th Dist.] 2006, no pet.) (same). 6 See id.; M7 Capital LLC v. Miller, 312 S.W.3d 214, 220 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (holding that a successful breach-of-contract claim requires proof of a (1) valid contract, (2) performance or tendered performance by the plaintiff, (3

11
Case Corp. v. Hi-Class Business Systems of America, Inc.green
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Case Corp., 184 S.W.3d at 769 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Fitzgerald v. SCHROEDER VENTURES II, LLC green
texapp · 2011
1 sentence

2019Rock, LLC , 416 S.W.3d 664 , 674 (Tex. App.-Houston [14th Dist.] 2013, pet. denied) (holding that a successful breach of contract defense entitled the defendant to attorney's fees as the prevailing party); Fitzgerald v. Schroeder Ventures II, LLC , 345 S.W.3d 624 , 629 (Tex. App.-San Antonio 2011, no pet.) (concluding that there was no basis for denying the defendants attorney's fees under the contract with a "prevailing party" provision after analyzing and agreeing with another intermediate appellate court that held KB Home did not apply to attorney's fees sought by a defendant defending agai

12019–2019
SEECO, Inc. and Southwestern Energy Company v. K.T. Rock, LLC green
texapp · 2013
1 sentence

2019Rock, LLC , 416 S.W.3d 664 , 674 (Tex. App.-Houston [14th Dist.] 2013, pet. denied) (holding that a successful breach of contract defense entitled the defendant to attorney's fees as the prevailing party); Fitzgerald v. Schroeder Ventures II, LLC , 345 S.W.3d 624 , 629 (Tex. App.-San Antonio 2011, no pet.) (concluding that there was no basis for denying the defendants attorney's fees under the contract with a "prevailing party" provision after analyzing and agreeing with another intermediate appellate court that held KB Home did not apply to attorney's fees sought by a defendant defending agai

12019–2019
Berryman's South Fork, Inc. and Richard Berryman v. J. Baxter Brinkmann Internationial Corporation green
texapp · 2013
2 sentences

2015Sufficiency of Evidence Contracts Law > Breach > Breach of Contracts Law > Remedies > Specific Contract Actions > Elements of Contract Performance Claims Contracts Law > Types of Contracts > Evidence > Relevance > Relevant Evidence Personal Service Agreements HN4 A successful breach of contract claim HN6 A contract for personal services is requires proof of the following elements: not specifically enforceable. (1) a valid contract; (2) performance or Contracts Law > Standards of tendered performance by the plaintiff; (3) Performance > General Overview breach of the contract by the defendant; J

2015Sufficiency of Evidence Contracts Law > Breach > Breach of Contracts Law > Remedies > Specific Contract Actions > Elements of Contract Performance Claims Contracts Law > Types of Contracts > Evidence > Relevance > Relevant Evidence Personal Service Agreements HN4 A successful breach of contract claim HN6 A contract for personal services is requires proof of the following elements: not specifically enforceable. (1) a valid contract; (2) performance or Contracts Law > Standards of tendered performance by the plaintiff; (3) Performance > General Overview breach of the contract by the defendant; J

12015–2015
Tony Gullo Motors I, L.P. and Brien Garcia v. Nury Chapa green
tex · 2006
1 sentence

2014Id.

12014–2014

Where else courts name it

TX 20 (2008–2024) MI 4 (2018–2018) DE 3 (2015–2022) OH 2 (2013–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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