Legal Opinion
Presnal v. TLL Energy Corp.
Court of Appeals of Texas
Decided March 22, 1990No. 01-88-00911-CVPublishedCited by 4 opinions
1Opinion of the Court
OPINION
COHEN, Justice.
The questions presented by this class of contracts (for liquidated damages) are a fruitful source of litigation, and are usually difficult to be determined.
Eakin v. Scott, 70 Tex. 442, 444, 7 S.W. 777, 778 (1888).
We find that the decisions of the various courts of civil appeals in this state upon this question (when liquidated damage clauses are enforceable) are hopelessly irreconcilable, and after as full an investigation as we have been able to make of the holdings by our Supreme Court the correct rule to be announced in this case is in considerable doubt_
Bourland v.…
2Cases cited15 opinions
- Wilcox v. St. Mary's University of San Antonio, Inc.Texas Supreme Court · 1975
- Stewart v. BaseyTexas Supreme Court · 1952
- Eakin v. ScottTexas Supreme Court · 1888
- Tri-Cities Construction, Inc. v. American National Insurance Co.Court of Appeals of Texas · 1975
- Mayfield v. HicksCourt of Appeals of Texas · 1978
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schumacher v. LeslieSupreme Court of Missouri · 1950
- Colorado Interstate Corporation Colorado Interstate Gas Company v. The Cit Group/equipment Financing, Inc.Court of Appeals for the Tenth Circuit · 1993
- Phillips v. PhillipsTexas Supreme Court · 1992
- Phillips v. PhillipsTexas Supreme Court · 1992