Gulshan Enterprises, Inc. v. Zafar, Inc.

OPINION

Kevin Jewell, Justice

In this appeal from a declaratory judgment in favor of a service station owner, a fuel distributor asserts that the trial court (1) erroneously excused the, service station owner’s future performance under a contract based on the fuel distributor’s breach, and (2) improperly awarded the station owner attorney’s fees and costs. We conclude that the trial court did not err in declaring the station owner excused from future performance because of the fuel distributor’s material breach of contract. We also determine that attorney’s fees and costs are available under…