Legal Opinion · Dissent

J.M. Davidson, Inc. v. Webster

Texas Supreme Court

Decided December 31, 2003No. 01-0774Published

1DissentJustice Smith

I share the Court’s view that the contract executed by the parties is far from a model of precise drafting, but I disagree that the phrase “any personnel policy” cannot be given a definite legal meaning. Like Justice Schneider, I believe that the arbitration policy falls within the ambit of the phrase “any personnel policy.” However, I disagree with the portion of Justice Schneider’s dissent that concludes the entire contract is unenforceable.

I would hold that the contractual provision allowing Davidson to “abolish or modify any personnel policy without prior notice” applies to the company’s…

2Cases cited27 opinions

  1. Quick v. City of AustinTexas Supreme Court · 1999
  2. Universal C. I. T. Credit Corp. v. DanielTexas Supreme Court · 1951
  3. In Re Halliburton Co.Texas Supreme Court · 2002
  4. Kelley-Coppedge, Inc. v. Highlands Insurance Co.Texas Supreme Court · 1998
  5. Myers v. Gulf Coast Minerals Management Corp.Texas Supreme Court · 1962

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