Legal Opinion

Prime Income Asset Management Inc. v. One Dallas Centre Associates LP

Court of Appeals for the Fifth Circuit

Decided December 23, 2009No. 09-10349UnpublishedCited by 3 opinions

1Opinion of the Court

PER CURIAM: *

After failing to consummate a commercial real estate transaction, Prime Income Asset Management, Inc. (Prime) sued One Dallas Centre Associates, L.P. (ODCA) seeking to recover $750,000 in earnest money. Prime asserted various contract and fraud claims. ODCA moved for summary judgment on all claims, which the district court granted. Prime appeals.

Prime and ODCA entered a Purchase and Sale Agreement (the Agreement) for a commercial building in Dallas, Texas. As part of the Agreement, Prime deposited $750,000 in earnest money in an escrow account. The parties realized they would be…

2Cases cited18 opinions

  1. National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.Texas Supreme Court · 1995
  2. Schlumberger Technology Corp. v. SwansonTexas Supreme Court · 1997
  3. Ernst & Young, L.L.P. v. Pacific Mutual Life Insurance Co.Texas Supreme Court · 2001
  4. Federal Land Bank Ass'n of Tyler v. SloaneTexas Supreme Court · 1992
  5. Haase v. GlaznerTexas Supreme Court · 2002

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3Cited by3 opinions

  1. Endeavour GP, LLC v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.)United States Bankruptcy Court, S.D. Texas · 2010
  2. North Texas Opportunity Fund L.P. v. Hammerman & Gainer International, Inc.District Court, N.D. Texas · 2015
  3. The Beauty Medspa Inc v. FPG The Point LPDistrict Court, N.D. Texas · 2021

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