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Breach of Contract

Response Brief of Appellees

Employers Reinsurance Corporation v. Gordon

This case involved the breach of a high-low agreement entered into during trial. Following the verdict, the defendant refused to pay the amount due under the agreement. The plaintiff sued. Both parties sought summary judgment. The trial court granted summary judgment for the plaintiff and the defendant appealed.

Appellant’s Brief

City of Brownsville v. AEP Texas Central Company

Description: This case is a breach of contract case involving a contract to purchase an ownership interest in an electric power plant. The defendant sought summary judgment on the basis that a release agreement between the parties released all claims brought by Brownsville. After hundreds of pages of briefing and multiple hearings over an 18-month period, the trial court granted defendant’s motion. Brownsville appealed, arguing that summary judgment was improper because its narrow interpretation of the release agreement as not releasing claims for breach of the parties’ purchase and sale agreement was reasonable. The court of appeals agreed, reversing the trial court and finding that Brownsville’s interpretation of the release agreement was correct.

Defendant’s Brief in Support of Their Motion for Summary Judgment

In re Brentwood-Lexford Partners, LLC

This case was a breach of contract and conversion case brought by a bankruptcy trustee against the former owners of a real estate property management company. The dispute arose after Brentwood-Lexford defaulted on a note owed to the company from whom it had purchased the stock of another property management company. Plaintiff sued defendants for breach of contract, fraudulent transfer, tortious interference, conspiracy and breach of fiduciary duty after they terminated certain property management contracts, opened up a new property management company and began servicing the former clients of Brentwood-Lexford.

Defendant’s Motion for Partial Summary Judgment

Boulle v. Boulle

This case was a breach of contract case arising out of the discovery of the world’s largest nickel deposit by Defendant Jeann Boule. Defendant moved for partial summary judgment on the plaintiff’s claims relating to certain geological data to which the plaintiff claimed he was entitled pursuant to an agreement to share profits from certain designated exploration projects. The court granted the motion. The remainder of the case was tried to a defense verdict after a two-week jury trial.

Defendant’s No-Evidence Motion for Partial Summary Judgment

Boulle v. Boulle

This case was a breach of contract case arising out of the discovery of the world’s largest nickel deposit by Defendant Jeann Boule. Defendant moved for partial summary judgment on the plaintiff’s fraud claim arising from his brother’s alleged breach of an agreement to share profits from certain designated exploration projects. The motion claimed that there was no evidence that the defendant entered into the agreement with no intention of performing. The court granted the motion, eliminating the plaintiff’s fraud claim and removing the possibility of punitive damages. The remainder of the case was tried to a defense verdict after a two-week jury trial.

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