Legal Opinion

Churchill Forge, Inc. v. Brown

Texas Supreme Court

Decided January 10, 2002No. 00-0270PublishedCited by 46 opinions

1Opinion of the CourtJustice Enoch

in which Justice HECHT, Justice OWEN, Justice JEFFERSON, and Justice RODRIGUEZ join.

The question in this case is whether by statute or the common law, a commercial landlord is prohibited from contractually obligating its tenant to be responsible for damages caused by the tenant, the tenant’s occupant, or guest. In this case, JoAnn Brown co-signed a lease with her adult son, Carl Jeffrey (“Jeff’), for an apartment owned by Churchill Forge, Inc. Jeff allegedly caused a fire that extensively damaged the apartment complex. Churchill Forge sued JoAnn, asserting that the lease required her, as a…

2Cases cited5 opinions

  1. Green International, Inc. v. SolisTexas Supreme Court · 1997
  2. Lawrence v. CDB Services, Inc.Texas Supreme Court · 2001
  3. Wood Motor Co. v. NebelTexas Supreme Court · 1951
  4. Publix Theatres Corp. v. PowellTexas Supreme Court · 1934
  5. Churchill Forge, Inc. v. Joann Hamilton Brown, Texas Court of Appeals, 3rd District (Austin)1999

3Cited by46 opinions

  1. Texas Commerce Bank, N.A. v. Grizzle Ex Rel. GrizzleTexas Supreme Court · 2002
  2. Fairfield Insurance Co. v. Stephens Martin Paving, LPTexas Supreme Court · 2008
  3. Johnson v. Structured Asset Services, LLC, Texas Court of Appeals, 5th District (Dallas)2004
  4. Philadelphia Indemnity Insurance Company, A/S/O Mirsan, L.P., D/B/A Sienna Ridge Apartments v. Carmen A. WhiteTexas Supreme Court · 2016
  5. Town of Flower Mound v. Stafford Estates Ltd. PartnershipTexas Supreme Court · 2004

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