Legal Opinion

De La Rosa v. Kaples

Texas Court of Appeals, 4th District (San Antonio)

Decided June 28, 1991No. 04-91-00118-CVPublishedCited by 17 opinions

1Opinion of the Court

OPINION

CHAPA, Justice.

Appellants, Cruz De La Rosa, Jr. and Janie Berain, appeal a judgment for attorney’s fees granted in favor of appellee, Paula Kaples, based on a jury verdict. The dispute arose as a result of an oral contract between the parties for the purchase of a day care center by the appellants from the appellee. The appellants paid appellee the amount of $15,000 as a down payment in conjunction with the contract and took possession of the day care center. However, the appellants subsequently changed their minds about the purchase, returned the center, and demanded the return of the…

2Cases cited7 opinions

  1. McKinley v. DrozdTexas Supreme Court · 1985
  2. Tenneco Oil Company v. Padre Drilling CompanyTexas Supreme Court · 1970
  3. Veale v. Rose, Texas Court of Appeals, 13th District1983
  4. Armenta v. NussbaumCourt of Appeals of Texas · 1975
  5. Martini v. Tatum, Texas Court of Appeals, 7th District (Amarillo)1989

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3Cited by17 opinions

  1. G.R.A.V.I.T.Y. Enterprises, Inc. v. Reece Supply Co., Texas Court of Appeals, 5th District (Dallas)2005
  2. Atlantic Richfield Co. v. Long TrustsCourt of Appeals of Texas · 1993
  3. Leon Springs Gas Co. v. Restaurant Equipment Leasing Co., Texas Court of Appeals, 4th District (San Antonio)1997
  4. Smith v. Texas Farmers Insurance Co., Texas Court of Appeals, 4th District (San Antonio)2002
  5. Kenneth H. Hughes Interests, Inc. v. Westrup, Texas Court of Appeals, 1st District (Houston)1994

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