Legal Opinion

Sanders v. Total Heat & Air, Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided March 31, 2008No. 05-05-00524-CVPublishedCited by 50 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

This case arises out of a construction dispute involving a house. Appellee Total Heat & Air performed work on the home of appellants Wayne and Kathleen Sanders, pursuant to a proposal prepared by Total and signed and accepted by Mike Deaton, who is not a party to the case. The principle issue is whether Deaton signed the proposal in his own right as a general contractor or as an agent acting on behalf of the homeowners. The trial court found Deaton was acting as the homeowners’ agent, meaning that Total’s contract was with the homeowners, not Dea-ton. Because…

2Cases cited30 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Cain v. BainTexas Supreme Court · 1986
  3. Dow Chemical Co. v. FrancisTexas Supreme Court · 2001
  4. Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
  5. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994

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3Cited by50 opinions

  1. Reliant Energy Services, Inc. v. Cotton Valley Compression, L.L.C., Texas Court of Appeals, 1st District (Houston)2011
  2. Liberty Mutual Insurance Co. v. BurkCourt of Appeals of Texas · 2009
  3. Affordable Power, L.P. v. Buckeye Ventures, Inc., Texas Court of Appeals, 5th District (Dallas)2011
  4. Kahn v. Imperial Airport, L.P., Texas Court of Appeals, 5th District (Dallas)2010
  5. Thompson & Knight LLP v. Patriot Exploration, LLC, Texas Court of Appeals, 5th District (Dallas)2014

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