Legal Opinion

Songer v. Archer

Court of Appeals of Texas

Decided May 31, 2000No. 06-99-00113-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

Opinion by

Justice GRANT.

Kenneth Songer and Helen Songer (the Songers) appeal from a summary judgment holding that they breached a Rule 11 agreement and awarding Joe Archer, d/b/a Archer Excavating and Economy Insurance Company (Archer) $116,000.00 in liquidated damages for breach of the contract.

The Songers contend that the trial court erred in granting Archer a summary judgment because: (1) there was insufficient evidence on which to grant a summary *141judgment, and (2) the judge enforced a liquidated damages provision in the Rule 11 agreement after the Songers raised a fact issue as to…

2Cases cited5 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  3. Brownlee v. BrownleeTexas Supreme Court · 1984
  4. TCI Cablevision of Texas, Inc. v. South Texas Cable Television, Inc., Texas Court of Appeals, 13th District1990
  5. Songer v. ClementCourt of Appeals of Texas · 2000

3Cited by5 opinions

  1. Rucker v. Bank One Texas, N.A., Texas Court of Appeals, 10th District (Waco)2000
  2. Bossier Chrysler Dodge II, Inc. v. Rauschenberg, Texas Court of Appeals, 10th District (Waco)2006
  3. Bossier Chrysler Dodge II, Inc., D/B/A Bossier Country v. Bryan Rauschenberg, Texas Court of Appeals, 10th District (Waco)2006
  4. Frank Reed and Karen Reed v. Lake Country Property Owners Association, Inc., Texas Court of Appeals, 2nd District (Fort Worth)2017
  5. in Re Benito Hinojosa, Texas Court of Appeals, 10th District (Waco)2006

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