Murphy v. Canion

OPINION

SEARS, Justice.

David R. Murphy filed suit against James E. Canion for breach of a partnership agreement and breach of fiduciary duty. The trial court awarded Murphy $796,237.15 in damages, but offset $307,-574.65 of that award. Both parties appealed. In nine points of error Murphy challenges the court’s offset. In eight points of error Canion challenges the remainder of the judgment. Concluding the trial court erred only in offsetting the judgment, we modify the judgment and affirm.

Canion and Murphy formed a general partnership to conduct real estate business under the name of…