Legal Opinion

EMC Mortgage Corp. v. Davis

Texas Court of Appeals, 3rd District (Austin)

Decided June 27, 2005No. 03-04-00260-CVPublishedCited by 65 opinions

1Opinion of the Court

*410 OPINION

W. KENNETH LAW, Chief Justice.

EMC Mortgage Corporation appeals from the district court’s judgment after a jury trial awarding Fred E. Davis and Sherry A. Davis damages and attorney’s fees based on EMC’s anticipatory repudiation of a loan agreement between the Davises and a previous owner of a promissory note. The Davises entered into an agreement to purchase a home. The promissory note specified that the agreement was subject to a balloon payment but did not specify the amount or- due date of the balloon payment. However, the balloon-payment obligation was specified in various…

2Cases cited23 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Coker v. CokerTexas Supreme Court · 1983
  3. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  4. City of Burlington v. DagueSupreme Court of the United States · 1992
  5. Bocquet v. HerringTexas Supreme Court · 1998

18 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Boerschig v. SOUTHWESTERN HOLDINGS, INC., Texas Court of Appeals, 8th District (El Paso)2010
  2. Ludwig v. Encore Medical, L.P., Texas Court of Appeals, 3rd District (Austin)2006
  3. Financial Freedom Senior Funding Corp. v. Horrocks, Texas Court of Appeals, 14th District (Houston)2009
  4. All Metals Fabricating, Inc. v. Ramer Concrete, Inc., Texas Court of Appeals, 8th District (El Paso)2009
  5. Givens v. Ward, Texas Court of Appeals, 10th District (Waco)2008

60 more not listed; retrieve them via the Exa API.

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