Legal Opinion
Birdwell v. Ferrell
Court of Appeals of Texas
Decided February 24, 1988No. 3-87-019CVPublishedCited by 12 opinions
1Opinion of the Court
BRADY, Justice.
This is an appeal from a money judgment for a breach of an earnest-money contract. The sole question to be determined in this appeal is whether a trial court may award liquidated damages for the breach of a contract when there is no provision for the same in the contract. We will reverse the judgment of the trial court.
BACKGROUND
On September 10, 1985, J.T. Ferrell, Jr., and his wife, Nelda Ferrell, appellees, entered into a contract with appellant, Joe A. Birdwell, trustee, in which the Ferrells agreed to sell and Birdwell agreed to purchase a 5.19 acre tract of land.
After the…
2Cases cited11 opinions
- Stewart v. BaseyTexas Supreme Court · 1952
- Lyons v. MontgomeryTexas Supreme Court · 1985
- Carr v. Austin FortyCourt of Appeals of Texas · 1987
- Gibson v. BentleyCourt of Appeals of Texas · 1980
- Hagar v. WilliamsCourt of Appeals of Texas · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Aguiar v. Segal, Texas Court of Appeals, 14th District (Houston)2005
- Lafarge Corp. v. Wolff, Inc., Texas Court of Appeals, 3rd District (Austin)1998
- In the Matter of Topco, Inc., Debtor. River Production, Co., Inc. v. Jack M. Webb, TrusteeCourt of Appeals for the Fifth Circuit · 1990
- Lacy v. Ticor Title Insurance Co. Co., Texas Court of Appeals, 5th District (Dallas)1990
- Rucker v. StateSupreme Court of Arkansas · 1995
7 more not listed; retrieve them via the Exa API.