This is a breach of warranty action in the absence of a warranty. Plaintiff RSB
Vineyards, LLC (RSB) purchased a vineyard jointly owned by the four defendants,
including a residence that defendants had renovated and converted into a wine tasting
room. RSB later learned that the renovated residence was structurally unsound for
commercial use and was forced to demolish it.
In res

Dallas, TX - Jury Awards Plaintiff Billions In Punitive Damages

The Family and Estate of Max Hopper sued JP Morgan Chase & Co. on fraud, breach of fiduciary and breach of contract duties theories claiming that JP Morgan for mishandling the of the former American Airlines executive.

Hopper died intestate with a $19 million estate and was hired to administer it for the family.

Houston, TX - Montgomery County Couple Sentenced in Bankruptcy Fraud Conspiracy

A Conroe, Texas couple was sentenced for bankruptcy fraud conspiracy in the Southern District of Texas.

Richard Kent Harris, 74, and Darlene Ann Riley, 59, pleaded guilty on Mar. 8, 2017, to conspiracy to commit bankruptcy fraud. Harris was sentenced to 10 months in federal prison by U.S. District Jud

�1 The issue on certiorari is whether in a landlord's suit to terminate a shopping center lease for failure of consideration - based on the alleged breach of an implied covenant diligently to operate the business so as to trigger the percentage rental provisions - the trial court erred in granting summary judgment for the tenant. We [706 P.2d 527] answer in the negative and vacate the Court of A

¶0 1. CONTRACTS - When partial failure of performance ground for rescission of contract. A partial failure of performance is grounds for the rescission of a contract, when such failure defeats the object of the contract, or when it concerns a matter of such importance that the contract would not have been made if default in that particular had been expected or contemplated.
2. APPEAL AND ERROR

¶1 On or about March 5, 1974, plaintiff below/Appellee, Audra Easterling (hereinafter designated "Grantor") and her now deceased husband, Walter Easterling, entered into an oral contract with Grantor's brother, Scott Spear Ferris, now also deceased, to convey approximately 4.85 acres in Johnston County in consideration of a note in the principal amount of $30,000.00 at an interest rate of 6% per a

¶1 The United States District Court for the Eastern District of Oklahoma Certified for this court's answer the following question posed pursuant to the Uniform Certification of Questions of Law Act, 20 O.S. 1991 §§ 1601 et seq.:

"What rights, if any, does the defendant, Oklahoma Rock Corporation, a Texas Corporation,1 presently hold concerning the subject tract,2 by reason of the document

¶0 1. EVIDENCE -- Parol evidence rule -- Application. The rule which excludes parol evidence when offered to contradict or vary the terms, provisions, or legal effect of written instruments has no application to collateral undertakings or cases in which the written instrument was executed in part performance of an entire oral agreement.
2. BILLS AND NOTES -- Partial failure of consideration p

¶0 1. EVIDENCE -- Parol evidence rule -- Application. The rule which excludes parol evidence when offered to contradict or vary the terms, provisions, or legal effect of written instruments has no application to collateral undertakings or cases in which the written instrument was executed in part performance of an entire oral agreement.
2. BILLS AND NOTES -- Partial failure of consideration p

¶0 In order to justify a reformation of a deed or contract the evidence must be full, clear, unequivocal and convincing as to mistake and its mutuality. Mere preponderance of the evidence is not enough. The proof must establish the facts to a moral certainty, and take the case out of the range of reasonable controversy.

In exercising appellate jurisdiction in a cause of equitable cognizan

¶1 Harold and Barbara Uptegraft brought this action against Dome Petroleum Corporation and Atlas Oil, Inc., in the District Court of Oklahoma County. The petition alleged a single cause of action against each defendant. The cause of action against Atlas alleged plaintiffs were induced to give up their rights in two oil wells while uninformed of certain facts concerning established production they

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s

Between 2006 and 2012
Packerland Whey Products, Inc., deceived at least one of its
customers about the protein content of a product called
Whey Protein Concentrate. Whey, the watery part of milk
that remains after the removal of curds, is rich in protein.
Removing whey’s nonprotein components generates a concentrate
that can be used in other products. Land O’Lakes,
Inc.

¶ 1 Utah Code section 78B-4-513(1) provides that “an action for defective design or construction is limited to” an action for “breach of . . . contract, whether written or otherwise, including both express and implied warranties.” The statute also states that such a claim may be brought only by a person who is “in privity of contract with the original contractor” or by a person with a right to sue

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business of

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
I. BACKGROUND
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th

This case involves a dispute between siblings, Appellant Caroline H. Martinez (“Caroline”) and Appellee Robert Martinez (“Bob”), over ownership of certain real property. After a bench trial, the trial court entered a judgment in favor of Bob. In five issues, Caroline appeals the trial court’s judgment.
Martinez v. Martinez Page 2
Background
Chon and Elizabeth Martinez, Caroline’s and B

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin

Bayview Loan Servicing, LLC (Bayview), purchased the property located at 330 County Road 1169, Brashear, Texas 75420 (the Property)1 at a public foreclosure sale. After acquiring a substitute trustee’s deed, Bayview sent a notice to Carol Paselk and all other occupants of the Property requesting that they vacate the premises. Because Paselk failed to timely vacate the premises, Bayview filed a sui

Appellant, Lover Compton, challenges the trial court’s rendition of summary judgment in favor of appellees, Lance Jue, D.D.S. and Lance Jue, D.D.S. doing
2
business as A Beautiful Smile at Lake Pointe1 (collectively, “Dr. Jue”), in her suit against Dr. Jue for dental malpractice, negligence, breach of warranty, lack of informed consent, medical battery, promissory estoppel, fraud, and viol

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00395-CV
DOW ROOFING SYSTEMS, LLC APPELLANT
V.
GREAT COMMISSION BAPTIST APPELLEES
CHURCH AND CHAMBE

Spanish Peaks is a 3000-acre luxury resort in Big Sky Country, Montana, a
development begun in 2002 by Spanish Peaks Holdings II, LLC (Holdings). The
featured residences at Spanish Peaks were to be “high end settlement cabins,” to be
constructed close to a massive lodge, which was to be the centerpiece of the
development, containing restaurants, stores, recreation facilities, and o

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope