basis for an affirmative claim (Texas) · Go Syfert
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basis for an affirmative claim in Texas

10 Texas opinions name it 1 courts 1982–2022 1 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 (5)

CaseFollowedCited
Quigley v. Bennettgreen
tex · 2007 · cited in 5 Texas opinions naming this issue, 2008–2008
2 sentences

2008“Reliance damages, similar to out-of-pocket recovery, reimburse one for expenditures made toward the execution of the contract in order to restore the status quo before the contract.” Hart v. Moore, 952 S.W.2d 90, 97 (Tex.App.-Amarillo 1997, pet. denied); see Restatement (Second) of Contracts § 349 (reliance damages “in-clud[e] expenditures made in preparation for performance or in performance, less any loss that the party in breach can prove with reasonable certainty the injured party would have suffered had the contract been performed”); see also Quigley v. Bennett, 227 S.W.3d 51, 56 (Bliste

2008"Reliance damages, similar to out-of-pocket recovery, reimburse one for expenditures made toward the execution of the contract in order to restore the status quo before the contract." Hart v. Moore , 952 S.W.2d 90, 97 (Tex. App.--Amarillo 1997, pet. denied); see Restatement (Second) of Contracts § 349 (reliance damages "includ[e] expenditures made in preparation for performance or in performance, less any loss that the party in breach can prove with reasonable certainty the injured party would have suffered had the contract been performed"); see also Quigley v. Bennett , 227 S.W.3d 51, 56 (Bri

55
Hart v. Mooregreen
texapp · 1997 · cited in 5 Texas opinions naming this issue, 2008–2008
2 sentences

2008“Reliance damages, similar to out-of-pocket recovery, reimburse one for expenditures made toward the execution of the contract in order to restore the status quo before the contract.” Hart v. Moore, 952 S.W.2d 90, 97 (Tex.App.-Amarillo 1997, pet. denied); see Restatement (Second) of Contracts § 349 (reliance damages “in-clud[e] expenditures made in preparation for performance or in performance, less any loss that the party in breach can prove with reasonable certainty the injured party would have suffered had the contract been performed”); see also Quigley v. Bennett, 227 S.W.3d 51, 56 (Bliste

2008"Reliance damages, similar to out-of-pocket recovery, reimburse one for expenditures made toward the execution of the contract in order to restore the status quo before the contract." Hart v. Moore , 952 S.W.2d 90, 97 (Tex. App.--Amarillo 1997, pet. denied); see Restatement (Second) of Contracts § 349 (reliance damages "includ[e] expenditures made in preparation for performance or in performance, less any loss that the party in breach can prove with reasonable certainty the injured party would have suffered had the contract been performed"); see also Quigley v. Bennett , 227 S.W.3d 51, 56 (Bri

55
First Bank of Deer Park v. Harris Countygreen
texapp · 1991 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See First Bank of Deer Park, 804 S.W.2d at 593 (stating that in tax refund case, defensive theory may be pleaded as either affirmative defense or as separate cause of action if party is seeking affirmative relief).

2011See First Bank of Deer Park , 804 S.W.2d at 593 (stating that in tax refund case, defensive theory may be pleaded as either affirmative defense or as separate cause of action if party is seeking affirmative relief).

22
Bechtel Corp. v. CITGO PRODUCTS PIPELINE CO.green
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Bechtel Corp. v. CITGO Products Pipeline Co., 271 S.W.3d 898, 926-27 (Tex. App.—Austin 2008, no pet.) (citation omitted).

11
New Trends, Inc. v. Stafford-Lowdon Co.green
texapp · 1976 · cited in 1 Texas opinions naming this issue, 1982–1982
1 sentence

1982See New Trends, Inc. v. Stafford-Lowdon Co., 537 S.W.2d 778 (Tex.Civ.App. — Fort Worth 1976, writ ref’d n. r. e.).

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 (2)

CaseCitedYears
Wheeler v. White green
tex · 1965
2 sentences

2008Although promissory estoppel may be the basis for an affirmative claim, Wheeler, 398 S.W.2d at 96 , the supreme court has restricted the types of damages a promissory estoppel plaintiff can recover to “enforce” a promise: “the promisee is to be allowed to recover no more than reliance damages measured by the detriment sustained.” Wheeler, 398 S.W.2d at 97 .

2008Although promissory estoppel may be the basis for an affirmative claim, Wheeler, 398 S.W.2d at 96 , the supreme court has restricted the types of damages a promissory estoppel plaintiff can recover to “enforce” a promise: “the promisee is to be allowed to recover no more than reliance damages measured by the detriment sustained.” Wheeler, 398 S.W.2d at 97 .

52008–2008
Tom Hicks Transfer Co. v. Ford, Bacon & Davis Texas Inc. green
texapp · 1972
1 sentence

1991A Texas court applied the estoppel principle in Tom Hicks Transfer Company, Inc. v. Ford, Bacon & Davis Texas Incorporated, 482 S.W.2d 364 (Tex.Civ.App. — Texarkana 1972, no writ).

11991–1991

Statutes the citing opinions construe

TX § Tex. Util. Code § 251.001 (4) TX § Tex. Util. Code § 251.157 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 10 (1982–2022) WA 3 (2001–2025) NY 2 (2024–2024)

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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