law-breach-of-contract-defenses | prior breach by Plaintiff | illegal contract | void or voidable contract |
unconscionable contract | contract void as against public policy | illegality defense | plaintiff's lack of standing |
standing doctrine | absence of privity of contract | release as affirmative defense | accord and satisfaction | res
judicata | waiver as defense | mitigation and failure to mitigate damages | contract modification | novation |
statute of limitations - time bar | statute of frauds | contract ambiguity merger clause and parol evidence rule
DEFENSES TO BREACH OF CONTRACT CLAIM - HOUSTON CASE LAW
Williams v. Unifund CCR Partners Assignee of CitiBank 264 S.W.3d 231 (2008)(Tex.App.- Houston [1st Dist.]
Feb. 7, 2008)(Keyes) (consumer credit card debt suit, judgment reversed, sworn account not proper for credit
card debt collection, attorney's fees)(debt claim not barred by statute of limitations)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Keyes
Before Justices Taft, Keyes and Alcala
01-06-00927-CV Edward Williams v. Unifund CCR Partners Assignee of CitiBank
Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull)
In his second issue, Williams argues that the statute of limitations barred Unifund's right to recovery. A party
relying on an affirmative defense to defeat summary judgment must come forward with summary judgment
evidence establishing a fact issue on each element of the affirmative defense. Suttles v. Thomas Bearden Co.,
152 S.W.3d 607, 614 (Tex. App.-Houston [1st Dist.] 2004, no pet.). The statute of limitations on a claim for
debt based on breach of contract is four years from the time the cause of action accrues. TEX. CIV. PRAC.
& REM.CODE ANN. § 16.004(a) (Vernon 2002). Williams made his last payment on October 15, 2001, and this
action commenced on August 19, 2005, which is within the four-year window. Williams did not present any
summary judgment evidence contradicting these facts.
Williams v. Jackson (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(opinion on rehearing by Radack)
(attorney fee litigation, legal excuse as defense against breach of contract claim, breach not excused)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00850-CV Charlie C. Williams v. Freddie N. Jackson
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd
Casarez v. Alltec Construction Co., Inc. (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Anderson)(construction
law, breach of contract, prior breach by plaintiff, excuse, DTPA)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00068-CV Rueben and Nicole Casarez v. Alltec Construction Co., Inc.
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
Nova Info Systems v. Nidhi (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(Anderson)[claims relating to
convenience store credit card processing system, special appearance, MNT, motion to compel arbitration,
breach of contract, prior breach, measure of damages)
AFFIRMED: Opinion by Justice Anderson
(Before Justices Anderson, Hudson and Guzman)
14-05-00845-CV Nova Information Systems Inc., Et Al v. Nidhi and Roneil Inc. d/b/a PIC N PAC
Appeal from County Court at Law No 3 & Probate Court of Brazoria County
Gilbane Building Co. v. Two Turner’s Electric Co. (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Anderson)
(construction law, subcontractor, breach of contract, proof of damages, costs, defense of waiver))
AFFIRMED: Opinion by Justice Anderson
(Before Justices Anderson, Hudson and Guzman)
14-05-00908-CV Gilbane Building Company v. Two Turner's Electric Co. dba Turner Electric Co.
Appeal from 151st District Court of Harris County (Hon. Katie Kennedy)
Lively v. Henderson (Tex.App.- Houston [14th Dist.] Nov. 13, 2007)(Anderson)
(breach of contract, BoC, BoFD, fiduciary duty, standing, release)
AFFIRMED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Hudson
14-05-01229-CV Bruce R. Lively v. J. Randle Henderson, Individually and as a Partner in Henderson & Hammon,
L.L.P.
Appeal from 151st District Court of Harris County (judge's name not shown)
Williams v. Unifund CCR Partners Assignee of CitiBank 264 S.W.3d 231 (2008)(Tex.App.- Houston [1st Dist.]
Feb. 7, 2008)(Keyes) (consumer credit card debt suit, judgment reversed, sworn account not proper for credit
card debt collection, attorney's fees)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Keyes
Before Justices Taft, Keyes and Alcala
01-06-00927-CV Edward Williams v. Unifund CCR Partners Assignee of CitiBank
Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull)
In his second issue, Williams argues that the statute of limitations barred Unifund's right to recovery. A party
relying on an affirmative defense to defeat summary judgment must come forward with summary judgment
evidence establishing a fact issue on each element of the affirmative defense. Suttles v. Thomas Bearden Co.,
152 S.W.3d 607, 614 (Tex. App.-Houston [1st Dist.] 2004, no pet.). The statute of limitations on a claim for debt
based on breach of contract is four years from the time the cause of action accrues. TEX. CIV. PRAC. & REM.
CODE ANN. § 16.004(a) (Vernon 2002). Williams made his last payment on October 15, 2001, and this action
commenced on August 19, 2005, which is within the four-year window. Williams did not present any summary
judgment evidence contradicting these facts. We overrule Williams's second issue.
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