Legal Opinion

Carl Daily v. Charles McMillan

Texas Court of Appeals, 6th District (Texarkana)

Decided August 15, 2017No. 06-17-00038-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

Opinion by

Justice Burgess

A Bowie County jury determined that Carl Daily had agreed to pay Charles McMillan $2,000.00 to remove trees and grind stumps on. his property. The jury further found that Daily breached the oral contract by refusing to pay McMillan after he completed the work. In accordance with the jury’s verdict, the trial court awarded McMillan $2,000.00 in damages, along with attorney’s fees in the amount of $18,193.19.

On appeal, Daily argues that the trial court erroneously awarded attorney’s fees against him ‘because (1) the jury charge failed to require a finding of…

2Cases cited19 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  3. King Ranch, Inc. v. ChapmanTexas Supreme Court · 2003
  4. Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
  5. Bocquet v. HerringTexas Supreme Court · 1998

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

3Cited by1 opinion

  1. Raitz Enterprises Inc., D/B/A U.S. Sand and Gravel v. Javier Sanchez, Jr., Texas Court of Appeals, 11th District (Eastland)2026

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