Legal Opinion

RE/Max of Texas, Inc. v. Katar Corp.

Texas Court of Appeals, 1st District (Houston)

Decided September 23, 1997No. 01-96-01047-CVPublishedCited by 64 opinions

1Opinion of the Court

OPINION

TAFT, Justice.

This is an unusual ease where the party who first defaulted on its payment obligation successfully sued the other party for its subsequent breach. We decide whether a party who has the contractual right to terminate a contract because of default by the other party also has the right to terminate part of the contract. We uphold the trial court’s decision that partial termination constituted a breach of the contract.

Background

In July 1987, appellant, RE/MAX of Texas, Inc. (RE/MAX), and appellee, Katar Corporation (Katar), owned by A.M. and Ruth Attar, entered into a license…

2Cases cited7 opinions

  1. Hernandez v. Gulf Group LloydsTexas Supreme Court · 1994
  2. King v. BauerTexas Supreme Court · 1985
  3. Stephanz v. Laird, Texas Court of Appeals, 1st District (Houston)1993
  4. Scurlock Permian Corp. v. Brazos County, Texas Court of Appeals, 1st District (Houston)1993
  5. Otis Elevator Co. v. Joseph, Texas Court of Appeals, 1st District (Houston)1988

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

3Cited by64 opinions

  1. City of the Colony v. North Texas Municipal Water DistrictCourt of Appeals of Texas · 2008
  2. Johnston v. McKinney American, Inc., Texas Court of Appeals, 14th District (Houston)2000
  3. Compass Bank v. MFP Financial Services, Inc., Texas Court of Appeals, 5th District (Dallas)2005
  4. Blackstone Medical, Inc. D/B/A Orthofix Spinal Implants v. Phoenix Surgicals, LLC, Texas Court of Appeals, 5th District (Dallas)2015
  5. PAS, INC. v. Engel, Texas Court of Appeals, 14th District (Houston)2011

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

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