Legal Opinion
Olson v. Bayland Publishing, Inc.
Texas Court of Appeals, 1st District (Houston)
Decided November 2, 1989No. 01-88-00469-CVPublishedCited by 10 opinions
1Opinion of the Court
SECOND OPINION ON REHEARING
COHEN, Justice.
Appellee’s motion for rehearing is granted, but the relief sought is denied.
Our previous opinion, issued September 7, 1989, is withdrawn, and the following opinion is substituted.
The Olsons appeal from a judgment for damages of $272,500 plus attorney’s fees for breach of an option contract. We hold that the deficient real property description in the contract was curable by reformation, and that the prejudgment interest is limited to six percent by article XYI, section 11 of the Texas Constitution.
In 1977, Bayland Publishing, Inc. (“Bay-land”) leased a…
2Cases cited15 opinions
- Morrow v. ShotwellTexas Supreme Court · 1972
- Wilson v. FisherTexas Supreme Court · 1945
- Wheeler v. WhiteTexas Supreme Court · 1965
- Barfield v. Howard M. Smith Company of AmarilloTexas Supreme Court · 1968
- King v. BauerTexas Supreme Court · 1985
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3Cited by10 opinions
- Sage Street Associates v. Northdale Construction Co.Texas Supreme Court · 1993
- Anheuser-Busch Companies v. Summit Coffee Co., Texas Court of Appeals, 5th District (Dallas)1993
- Koch Industries, Inc., Cross-Appellant v. Sun Company, Inc., Cross-Appellees, and Champlin Refining & Chemicals, Inc., Defendant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1990
- Port Terminal RR Ass'n v. RichardsonCourt of Appeals of Texas · 1991
- Kenneco Energy, Inc. v. Johnson & Higgins of Texas, Inc., Texas Court of Appeals, 1st District (Houston)1996
5 more not listed; retrieve them via the Exa API.