Legal Opinion

Morgan Buildings & Spas, Inc. v. Humane Society of Southeast Texas

Texas Court of Appeals, 9th District (Beaumont)

Decided March 13, 2008No. 09-06-439 CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

DAVID GAULTNEY, Justice.

Morgan Buildings and Spas, Inc. appeals a judgment in favor of the Humane Society of Southeast Texas based on breach of contract, breach of warranty, fraud, and violations of the Texas Deceptive Trade Practices Act (DTPA). We conclude Morgan breached the contract, but there is insufficient evidence of the amount of damages, and the recoverable attorney fees were not segregated from non-recoverable fees. We conclude the DTPA, fraud, and warranty claims have no merit. The judgment is reversed and the cause is remanded for a new trial on the contract claim.

The Sale

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2Cases cited26 opinions

  1. Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006
  2. In Re Firstmerit Bank, N.A.Texas Supreme Court · 2001
  3. Heritage Resources, Inc. v. NationsBankTexas Supreme Court · 1997
  4. Schlumberger Technology Corp. v. SwansonTexas Supreme Court · 1997
  5. Sun Oil Co. (Delaware) v. MadeleyTexas Supreme Court · 1981

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3Cited by20 opinions

  1. Royce Homes, L.P. v. Bates, Texas Court of Appeals, 1st District (Houston)2010
  2. Jonibach Management Trust v. Wartburg Enterprises, Inc.District Court, S.D. Texas · 2015
  3. Beauty Manufacturing Solutions Corp. v. Ashland, Inc.District Court, N.D. Texas · 2012
  4. Adams v. McFadden, Texas Court of Appeals, 8th District (El Paso)2009
  5. Berge Helene Ltd. v. GE Oil & Gas, Inc.District Court, S.D. Texas · 2011

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

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