law-anticipatory-repudiation of contract |
HOUSTON CASE LAW ON ANTICIPATORY REPUDIATION
An anticipatory repudiation of a contract may consist of either words or actions by a party to a
contract which indicate an intention that he or she is not going to perform the contract according to its
terms in the future. Builders Sand, Inc. v. Turtur, 678 S.W.2d 115, 120 (Tex. App.—Houston [14th Dist.]
1984, no writ). The intention to abandon a contract must be expressed in positive and unconditional
terms. Pollack v. Pollack, 39 S.W.2d 853, 856–57 (Tex. Comm’n App. 1931, holding approved).
A party claiming anticipatory breach of a contract must establish the following three elements: (1) a party
to a contract has absolutely repudiated the obligation; (2) without just excuse; and (3) the other party is
damaged as a result. Id. at 855; Hauglum v. Durst, 769 S.W.2d 646, 651 (Tex. App.—Corpus Christi
1989, no writ). Appellees’ claim of anticipatory repudiation falls short on each element; however, we
need only address the first.
Hernandez v. Labella (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Anderson)
(breach of settlement agreement in attorney malpractice case, settlement agreement enforced)(fee
forfeiture for breach of fiduciary duty by lawyer to client, election of remedies in breach of contract case,
repudiation of settlement agreement, anticipatory repudiation, rescission of contract)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Boyce
14-08-00327-CV Salomon Juan Hernandez v. Joseph J. Labella and LaBella Dennis & Associates, P.L.L.
C.
Appeal from 284th District Court of Montgomery County (name of trial court judge not shown on docket)
Randall's Food and Drugs, LP v. Patton (Tex.App.- Houston [1st Dist.] Aug. 21,2008)(Radack)(lease law
commercial, sublease, duty to mitigate damages, anticipatory repudiation)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00821-CV Randall's Food and Drugs, L.P. v. Bill Patton d/b/a Linux Professional Group
Appeal from Civil County Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd
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