Legal Opinion

James Holmes Enterprises, Inc. v. John Bankston Construction & Equipment Rental, Inc.

Court of Appeals of Texas

Decided November 17, 1983No. 09 82 086 CVPublishedCited by 10 opinions

1Opinion of the Court

McNICHOLAS, Justice.

This suit was brought to recover a sum due on an account based on an oral contract.

Appellant, James Holmes Enterprises, appeals from a take nothing judgment rendered by the trial court in favor of appellee, John Bankston Construction and Equipment Rental. Appellant asserts two points of error. One, the trial court erred in denying appellant’s right to recover additional monies and two, in denying appellant’s right to recover reasonable attorney’s fees.

The record shows that both appellant and appellee admitted the existence of an oral contract for the purpose of…

2Cases cited3 opinions

  1. Jay-Lor Textiles, Inc. v. Pacific Compress Warehouse Co.Court of Appeals of Texas · 1977
  2. Tidwell v. LangeCourt of Appeals of Texas · 1975
  3. Mize v. Wood CountyCourt of Appeals of Texas · 1970

3Cited by10 opinions

  1. Operation Rescue-National v. Planned Parenthood of Houston & Southeast Texas, Inc., Texas Court of Appeals, 14th District (Houston)1997
  2. Antonia Montelongo, Cross-Appellants v. Edwin Meese, Iii, Attorney General, Glen Martin, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1986
  3. In the Interest of M.W.T.Court of Appeals of Texas · 2000
  4. Matherson v. Pope, Texas Court of Appeals, 5th District (Dallas)1993
  5. Barr v. City of Sinton, Texas Court of Appeals, 13th District2005

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