Ron Patton v. Carl Archer

AINSWORTH, Circuit Judge:

In this Texas diversity action, defendant Carl Archer appeals the judgment following a jury trial awarding plaintiffs Ron Patton and Thomas Runyon, d/b/a P&R Cattle Company, damages for breach of contract and attorneys’ fees. Archer contends that the district court erred in its instructions to the jury, attacks the sufficiency of the evidence and asserts that the recovery of attorneys’ fees was improper under Texas law. We affirm the award of damages but reverse that part of the district court’s judgment pertaining to attorneys’ fees.

I. Facts

P&R Cattle Company (“P&R”)…